Schatzline DEI Bill Also Bans Restorative Justice In Schools

The text as introduced · 1,261 words

89R13406 KJE-D

By: Schatzline
H.B. No. 4040

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting diversity, equity, and inclusion practices

at school districts; authorizing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 11, Education Code, is

amended by adding Section 11.005 to read as follows:

Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND

INCLUSION PRACTICES. (a) In this section, "diversity, equity, and

inclusion practices" means:

(1) influencing hiring or employment practices with

respect to race, sex, color, or ethnicity except as necessary to

comply with state or federal antidiscrimination laws;

(2) promoting differential treatment of or providing

special benefits to individuals on the basis of race, color, or

ethnicity;

(3) developing or implementing policies, procedures,

or training programs that reference race, color, ethnicity, gender

identity, or sexual orientation except as necessary to comply with

state or federal law; and

(4) compelling, requiring, inducing, or soliciting

any person to provide a diversity, equity, and inclusion statement

or giving preferential consideration to any person based on the

provision of a diversity, equity, and inclusion statement.

(b) A school district shall promote a colorblind

meritocracy to ensure equal service and support for all students,

regardless of race, ethnicity, religion, or nationality.

(c) A school district may not:

(1) use state or local money to pay for, or contract

with a third party for, a department or program that uses diversity,

equity, and inclusion practices;

(2) contract with a vendor to provide training in or

services or programs for diversity, equity, and inclusion

practices;

(3) promote an event, meeting, or club that favors

persons of one race over persons of another race;

(4) provide professional development training for

teachers, parents, students, or public stakeholders on diversity,

equity, and inclusion practices;

(5) host a field trip to an event or meeting that

promotes racially exclusive rhetoric;

(6) provide financial support to a student-led

organization, club, or association that excludes participants

based on race or ethnicity;

(7) give preferential treatment in disciplinary

practices or procedures to a student based on the student's race or

ethnicity;

(8) create or use a curriculum based on diversity,

equity, and inclusion practices;

(9) discriminate against a person of a certain race

for actions committed by the person's ancestor;

(10) create or promote a scholarship that favors

students of one race over students of another race; or

(11) use restorative justice practices.

(d) The board of trustees of a school district may not adopt

a policy or resolution that supports diversity, equity, and

inclusion practices.

(e) A member of the board of trustees of a school district or

an employee of the district may not attend, in the person's capacity

as a member or employee, a conference that promotes or teaches

diversity, equity, and inclusion practices.

(f) If the commissioner determines that a school district

violated this section:

(1) the district may not receive state money for the

state fiscal year following the state fiscal year in which the

district violated this section; and

(2) the agency shall assess an administrative penalty

against the district in an amount not to exceed $1,000,000.

(g) The attorney general may bring an action for injunctive

relief against a school district or a member of the board of

trustees or employee of the district to compel the district,

member, or employee to comply with this section.

(h) The commissioner may adopt rules as necessary to enforce

this section.

SECTION 2. Section 37.0013(a), Education Code, is amended

to read as follows:

(a) Each school district and open-enrollment charter school

may develop and implement a program, in consultation with campus

behavior coordinators employed by the district or school and

representatives of a regional education service center, that

provides a disciplinary alternative for a student enrolled in a

grade level below grade three who engages in conduct described by

Section 37.005(a) and is not subject to Section 37.005(c). The

program must:

(1) be age-appropriate and research-based;

(2) provide models for positive behavior;

(3) promote a positive school environment;

(4) provide alternative disciplinary courses of

action that do not rely on the use of in-school suspension,

out-of-school suspension, or placement in a disciplinary

alternative education program to manage student behavior; and

(5) provide behavior management strategies,

including:

(A) positive behavioral intervention and

support;

(B) trauma-informed practices;

(C) social and emotional learning; and

(D) a referral for services, as necessary[ ; and

[ (E) restorative practices ].

SECTION 3. Section 48.115(b), Education Code, is amended to

read as follows:

(b) Funds allocated under this section must be used to

improve school safety and security, including costs associated

with:

(1) securing school facilities in accordance with the

requirements of Section 37.351, including:

(A) improvements to school infrastructure;

(B) the use or installation of perimeter security

fencing conducive to a public school learning environment or

physical barriers, which may not include razor wire;

(C) exterior door and window safety and security

upgrades, including exterior door numbering and locking systems and

security film that provides resistance to a forced entry; and

(D) the purchase and maintenance of:

(i) security cameras and, if the district

has already installed security cameras, other security equipment,

including video surveillance as provided by Section 29.022; and

(ii) technology, including communications

systems or devices, such as silent panic alert devices, two-way

radios, or wireless Internet booster equipment, that facilitates

communication and information sharing between students, school

personnel, and first responders in an emergency;

(2) providing security for the district, including:

(A) employing school district peace officers,

private security officers, and school marshals; and

(B) collaborating with local law enforcement

agencies, such as entering into a memorandum of understanding for

the assignment of school resource officers to schools in the

district;

(3) school safety and security measures, including:

(A) active shooter and emergency response

training;

(B) prevention and treatment programs relating

to addressing adverse childhood experiences; and

(C) the prevention, identification, and

management of emergencies and threats, using evidence-based,

effective prevention practices and including:

(i) providing licensed counselors, social

workers, and chaplains[ , and individuals trained in restorative

discipline and restorative justice practices ];

(ii) providing mental health personnel and

support, including chaplains;

(iii) providing behavioral health

services, including services provided by chaplains;

(iv) establishing threat reporting

systems; and

(v) developing and implementing programs

focused on [ restorative justice practices, ] culturally relevant

instruction[ , ] and providing mental health support, including

support provided by chaplains;

(4) providing programs related to suicide prevention,

intervention, and postvention, including programs provided by

chaplains; and

(5) employing a school safety director and other

personnel to manage and monitor school safety initiatives and the

implementation of school safety requirements for the district.

SECTION 4. Section 1701.262(c), Occupations Code, is

amended to read as follows:

(c) The curriculum developed under this section must

incorporate learning objectives regarding:

(1) child and adolescent development and psychology;

(2) positive behavioral interventions and supports

and [ , ] conflict resolution techniques[ , and restorative justice

techniques ];

(3) de-escalation techniques and techniques for

limiting the use of force, including the use of physical,

mechanical, and chemical restraints;

(4) the mental and behavioral health needs of children

with disabilities or special needs; and

(5) mental health crisis intervention.

SECTION 5. This Act applies beginning with the 2025-2026

school year.

SECTION 6. 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.