88(3) SB 77 - 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 public education, including parental rights and public |
 
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school responsibilities regarding instructional materials. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Chapter 1, Education Code, is amended by adding |
 
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Section 1.009 to read as follows: |
 
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             Sec.  1.009.    INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED. |
 
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The fundamental rights granted to parents by their Creator and |
 
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upheld by the United States Constitution, the Texas Constitution, |
 
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and the laws of this state, including the right to direct the moral |
 
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and religious training of the parent's child, make decisions |
 
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concerning the child's education, and consent to medical, |
 
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psychiatric, and psychological treatment of the parent's child |
 
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under Section 151.001, Family Code, may not be infringed on by any |
 
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public elementary or secondary school or state governmental entity, |
 
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including the state or a political subdivision of the state, unless |
 
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the infringement is: |
 
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                         (1)    necessary to further a compelling state interest, |
 
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such as providing life-saving care to a child; and |
 
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                         (2)    narrowly tailored using the least restrictive |
 
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means to achieve that compelling state interest. |
 
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             SECTION  2.    Section 11.161, Education Code, is amended to |
 
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read as follows: |
 
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             Sec.  11.161.    FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil |
 
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suit or administrative proceeding brought under state law or rules   |
 
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[,] against an independent school district or an officer of an |
 
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independent school district acting under color of office, the court |
 
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or another person authorized to make decisions regarding the |
 
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proceeding may award costs and reasonable attorney's fees if: |
 
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                         (1)    the court or other authorized person finds that |
 
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the suit or proceeding  is frivolous, unreasonable, and without |
 
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foundation; and |
 
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                         (2)    the suit or proceeding is dismissed or judgment is |
 
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for the defendant. |
 
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             (b)    This section does not apply to a civil suit or |
 
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administrative proceeding brought under the Individuals with |
 
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Disabilities Education Act (20 U.S.C. Section 1400 et seq.).  A |
 
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civil suit or administrative proceeding described by this |
 
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subsection is governed by the attorney's fees provisions under 20 |
 
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U.S.C. Section 1415. |
 
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             SECTION  3.    Section 25.036, Education Code, is amended by |
 
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amending Subsections (a) and (b) and adding Subsections (d), (e), |
 
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(f), (g), (h), and (i) to read as follows: |
 
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             (a)    Any child, other than a high school graduate, who is |
 
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younger than 21 years of age and eligible for enrollment on |
 
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September 1 of any school year may apply to transfer for in-person |
 
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instruction annually from the child's school district of residence |
 
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to another district in this state for in-person instruction [if |
 
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both the receiving district and the applicant parent or guardian or |
 
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person having lawful control of the child jointly approve and |
 
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timely agree in writing to the transfer]. |
 
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             (b)    A transfer application approved [agreement] under this |
 
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section shall be filed and preserved as a receiving district record |
 
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for audit purposes of the agency. |
 
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             (d)    A school district may deny approval of a transfer under |
 
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this section only if:   |
 
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                         (1)    the district or a school in the district to which a |
 
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student seeks to transfer is at full student capacity or has more |
 
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requests for transfers than available positions after the district |
 
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has filled available positions in accordance with Subsection (f); |
 
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                         (2)    at the time a student seeks to transfer, the |
 
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student is suspended or expelled by the district in which the |
 
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student is enrolled; or |
 
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                         (3)    approving the transfer would supersede a |
 
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court-ordered desegregation plan. |
 
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             (e)    For the purpose of determining whether a school in a |
 
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school district is at full student capacity under Subsection |
 
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(d)(1), the district may not consider equity as a factor in the |
 
Statutes affected: Introduced: Education Code 11.161, Education Code 25.036, 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 28.022, Education Code 12.104 (Education Code 25, Education Code 11, Education Code 12, Education Code 26, Education Code 28)
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