Toth Bill Cuts Funding For Districts That Support Out-Of-School Activism

The text as introduced · 1,073 words

By: Toth
H.B. No. 4561

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting excused absences and school district

support for student political protests, advocacy, or attempts to

influence governmental policymaking during the school day, and

establishing educator standards and disciplinary measures to

ensure political neutrality in Texas public schools.

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

SECTION 1. The legislature finds that:

(1) true civic education is not political action

itself but rather preparation for, and prerequisite to, mature

political life;

(2) respect for the liberties of students and

teachers, the views of a politically diverse citizenry, and the

tradition of institutional political neutrality that flows from

these, means that political activism has no place in formal

education; and

(3) granting excused absences for political student

walk-outs or lobbying invites political favoritism from school

districts and places inappropriate political pressures on

non-participating students, neither of which have a place in the

public education system of Texas.

SECTION 2. Chapter 25 of the Texas Education Code is amended

by adding Section 25.0871 to read as follows:

SECTION 25.0871. PROHIBITION ON EXCUSED ABSENCES AND

SUPPORT FOR POLITICAL ACTIVITIES.

Sec. 25.0871. DEFINITIONS. In this section:

(1) "School" means a public school serving students in

kindergarten through grade 12

(a) A school district shall not grant excused absences to a

student for the purpose of engaging in:

(1) political protest;

(2) social or public policy advocacy; or

(3) attempts to influence legislation or other

governmental policymaking at the local, state, or federal level.

(b) Academic standards, teaching standards, education

standards, curriculum, teacher professional development, and

regulations adopted by the Texas Education Agency or a school

district shall not promote or permit student walk-outs for the

purposes described in Section 2(a).

(c) An absence for a purpose described in Section 2(a) shall

be treated as an unexcused absence and shall not be subject to

disciplinary measures different from those applied to other

unexcused absences.

SECTION 3. Title 19, Part 7, Chapter 247, Rule 247.2 of the

Texas Administrative Code (Code of Ethics and Standard Practices

for Texas Educators) is amended by adding Subsections (J) and (K) to

read as follows:

(J)(3.10) The educator shall not, during working hours,

promote, organize, facilitate, or direct out-of-school student

political protest, student social or public policy advocacy, or

student attempts to influence legislation or other governmental

policymaking at the local, state, or federal level.

(K)(3.11) The educator shall not give permission for, or

issue excused absences for, student absences from school for

purposes of political protest, social or public policy advocacy, or

attempts to influence legislation or other governmental

policymaking at the local, state, or federal level.

SECTION 4. DISCIPLINARY MEASURES FOR EDUCATORS. Chapter 21

of the Texas Education Code is amended by adding Section 21.0582 to

read as follows:

(a) An educator who violates Subsections (J) or (K) as added

by Section 3 of this Act, on a first occasion shall receive an

inscribed reprimand on the educator's official certification

record. Any reprimand pursuant to Subsections (J) or (K) shall be

reported to the Texas Education Agency.

(b) An educator who violates Subsections (J) or (K) as added

by Section 3 of this Act, on a second occasion shall have their

certification suspended for a period of not less than one year. Any

reprimand pursuant to Subsections (J) or (K) shall be reported to

the Texas Education Agency.

(c) An educator who violates Subsections (J) or (K) as added

by Section 3 of this Act, on a third occasion shall have their

certification canceled, without opportunity for reapplication.

SECTION 5. SCHOOL DISTRICT ACCOUNTABILITY. Chapter 39A.002

of the Texas Education Code is amended by adding Subsections 11, 12,

13, and 14 to read as follows:

(11) A school district that organizes, directs, permits,

facilitates, or issues excused absences for out-of-school student

activities described in Section 2(a) of this Act shall be subject to

a reduction in state funding equal to 5 percent of its annual

Foundation School Program allocation for two violations occurring

in a 365-day period, as determined by the Texas Education Agency.

(12) A school district that organizes, directs, permits,

facilitates, or issues excused absences for out-of-school student

activities described in Section 2(a) of this Act shall be subject to

a reduction in state funding equal to 10 percent of its annual

Foundation School Program allocation for three violations

occurring in a 365-day period, as determined by the Texas Education

Agency.

(13) A school district superintendent who fails to report

conduct pursuant to Section 6(m) of this Act shall subject their

district to a reduction in state funding equal to 2.5 percent of its

annual Foundation School Program allocation for any violation

occurring in a 365-day period, as determined by the Texas Education

Agency.

(14) The Texas Education Agency shall adopt rules to

implement and enforce this section.

SECTION 6. PROVISION OF INFORMATION TO TEXAS EDUCATION

AGENCY AND GENERAL PUBLIC. Chapter 21, Section 21.006 of the Texas

Education Code is amended by adding Subsections (l),(m),(n)and (o)

to read as follows:

(l) A school district employee who becomes aware of conduct

taking place that is prohibited by Section 2(a) of this Act is

obligated to report that conduct to the superintendent of the

school district where the violation or alleged violation occurred

and the Texas Education Agency within 48 hours of becoming aware.

(m) A school district superintendent who receives a report

pursuant to Section 6(l) of this Act is obligated to transmit that

report to the Texas Education Agency within 48 hours of receiving

it. A school district superintendent who becomes aware of conduct

taking place that is prohibited by Section 2(a) of this Act is

obligated to report that conduct to the Texas Education Agency

within 48 hours of becoming aware.

(n) The Texas Education Agency shall make reports of alleged

violations available on a publicly available Internet website

within 10 days of receiving a report of a violation or alleged

violation of Section 2(a) of this Act.

(o) The Texas Education Agency shall adopt rules to

implement and enforce this section.

SECTION 7. This Act applies beginning with the 2025-2026

school year.

SECTION 8. 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.