Bill Bans Gender Identity Lessons, Lets Parents Sue Districts

The text as introduced · 1,502 words

89R2633 PRL-D

By: Money
H.B. No. 4002

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.

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. Governmental

immunity of a school district to suit and from liability is waived

to the extent of liability created by this subsection.

(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,

a school district shall provide to the parent of each student

enrolled in the district written notice of each health-related

service offered at the district campus the student attends. The

notice must include a statement of the parent's right to withhold

consent for or decline a health-related service. A parent's

consent to a health-related service does not waive a requirement of

Subsection (a), (c), or (d).

(f) Before administering a student support form to a

student, a school district must provide a copy of the form to the

student's parent and obtain the parent's consent to administer the

form.

(g) Not later than June 30, 2026, the agency, the State

Board of Education, and the State Board for Educator Certification,

as appropriate, shall review and revise as necessary the following

to ensure compliance with this section:

(1) school counseling frameworks and standards;

(2) educator practices and professional conduct

principles; and

(3) any other student services personnel guidelines,

standards, or frameworks.

(h) Subsection (g) and this subsection expire September 1,

2027.

Sec. 26.0084. RIGHT TO INFORMATION REGARDING STUDENT'S

PERCEPTION OF BIOLOGICAL SEX. A school district employee or

independent contractor of a district, including a third-party

instructor, guest speaker, or subcontractor, may not withhold from

a student's parent information related to the student's perception

of the student's biological sex if that perception is inconsistent

with the student's biological sex as determined by the student's sex

organs, chromosomes, and endogenous hormone profiles.

Sec. 26.016. CONSENT REQUIRED FOR PARTICIPATION IN CERTAIN

STUDENT CLUBS. (a) In this section, "student club" means any

student organization sponsored or sanctioned by a school district.

(b) A school district shall require written parental

consent as a condition of a student's participation in a student

club that promotes themes of sexuality, gender, or gender identity.

(c) A school district shall seek parental consent under this

section by providing a written form to a parent that includes the

foundational documents of the student club described by Subsection

(b) in which the student wishes to participate, including:

(1) the name of the club;

(2) the mission statement or purpose of the club; and

(3) any additional information determined appropriate

by the school district.

SECTION 4. Subchapter A, Chapter 28, Education Code, is

amended by adding Section 28.0041 to read as follows:

Sec. 28.0041. INSTRUCTION REGARDING SEXUAL ORIENTATION AND

GENDER IDENTITY PROHIBITED. A school district, open-enrollment

charter school, or district or charter school employee may not

provide or allow a third party to provide instruction regarding

sexual orientation or gender identity to students enrolled in the

district or school.

SECTION 5. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [ and ]

(Y) parental options to retain a student under

Section 28.02124 ; and

(Z) parental rights to:

(i) information regarding a student's

mental, emotional, and physical health and health-related services

offered by the school as provided by Section 26.0083;

(ii) information regarding a student's

perception of the student's biological sex as provided by Section

26.0084; and

(iii) consent to a student's participation

in a student club that promotes themes of sexuality, gender, or

gender identity as provided by Section 26.016 .

SECTION 6. This Act applies beginning with the 2025-2026

school year.

SECTION 7. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.