bill repealing limits on teaching race, sex, the 1619 Project

The text as introduced · 1,235 words

89R3404 ANG-D

By: Bernal
H.B. No. 781

A BILL TO BE ENTITLED

AN ACT

relating to certain public school instructional requirements and

prohibitions and the incorporation of certain instructional

activities as part of student coursework.

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

SECTION 1. Sections 21.4555(a) and (b), Education Code, are

amended to read as follows:

(a) To facilitate the teaching of curriculum consistent

with Section [ Sections ] 28.002(h-2) [ and 28.0022 ], the

commissioner shall develop and make available civics training

programs for teachers and administrators.

(b) A civics training program developed under this section

must include training in:

(1) the essential knowledge and skills for the social

studies curriculum related to civic knowledge adopted under Section

28.002(h-2);

(2) guided classroom discussion of current events, as

appropriate for the grade level [ and consistent with the

restrictions under Section 28.0022 ];

(3) classroom simulations and models of governmental

and democratic processes consistent with the requirements [ and

restrictions ] of Section [ Sections ] 28.002(h-2) [ and 28.0022 ];

(4) media literacy, including instruction on

verifying information and sources, identifying and responding to

logical fallacies, and identifying propaganda, as appropriate for

the grade level [ and consistent with the restrictions under Section

28.0022 ]; and

(5) strategies for incorporating civics instruction

into subject areas other than social studies.

SECTION 2. Section 22.05125(b), Education Code, is amended

to read as follows:

(b) A classroom teacher employed by a school district may

not be subject to disciplinary proceedings for an allegation that

the teacher violated [ Section 28.0022, ] the Establishment Clause of

the First Amendment of the United States Constitution [ , ] or a

related state or federal law if:

(1) the teacher used only instructional material

included on the list of approved instructional material maintained

by the State Board of Education under Section 31.022 and adopted by

the district; and

(2) the allegation does not dispute that the teacher

delivered instruction from instructional material described by

Subdivision (1) with fidelity.

SECTION 3. The heading to Section 28.0022, Education Code,

is amended to read as follows:

Sec. 28.0022. CERTAIN INSTRUCTIONAL ACTIVITIES PERMITTED

[ REQUIREMENTS AND PROHIBITIONS ].

SECTION 4. Section 28.0022(a), Education Code, is amended

to read as follows:

(a) For any course or subject, including an innovative

course, for a grade level from kindergarten through grade 12 , [ :

[ (1) a teacher may not be compelled to discuss a widely

debated and currently controversial issue of public policy or

social affairs;

[ (2) a teacher who chooses to discuss a topic

described by Subdivision (1) shall explore that topic objectively

and in a manner free from political bias;

[ (3) ] a school district, open-enrollment charter

school, or teacher may , as an option for student learning [ not

require ], make part of a course, or award a grade or course credit,

including extra credit, for a student's:

(1) [ (A) ] work for, affiliation with, or service

learning in association with any organization engaged in[ :

[ (i) ] lobbying for legislation at the

federal, state, or local level[ , if the student's duties involve

directly or indirectly attempting to influence social or public

policy or the outcome of legislation ]; or

(2) [ (ii) social policy advocacy or public policy

advocacy;

[ (B) political activism, lobbying, or efforts to

persuade members of the legislative or executive branch at the

federal, state, or local level to take specific actions by direct

communication; or

[ (C) ] participation in any internship,

practicum, or similar activity involving social policy advocacy or

public policy advocacy[ ; and

[ (4) a teacher, administrator, or other employee of a

state agency, school district, or open-enrollment charter school

may not:

[ (A) require or make part of a course inculcation

in the concept that:

[ (i) one race or sex is inherently superior

to another race or sex;

[ (ii) an individual, by virtue of the

individual's race or sex, is inherently racist, sexist, or

oppressive, whether consciously or unconsciously;

[ (iii) an individual should be

discriminated against or receive adverse treatment solely or partly

because of the individual's race or sex;

[ (iv) an individual's moral character,

standing, or worth is necessarily determined by the individual's

race or sex;

[ (v) an individual, by virtue of the

individual's race or sex, bears responsibility, blame, or guilt for

actions committed by other members of the same race or sex;

[ (vi) meritocracy or traits such as a hard

work ethic are racist or sexist or were created by members of a

particular race to oppress members of another race;

[ (vii) the advent of slavery in the

territory that is now the United States constituted the true

founding of the United States; or

[ (viii) with respect to their relationship

to American values, slavery and racism are anything other than

deviations from, betrayals of, or failures to live up to the

authentic founding principles of the United States, which include

liberty and equality;

[ (B) teach, instruct, or train any

administrator, teacher, or staff member of a state agency, school

district, or open-enrollment charter school to adopt a concept

listed under Paragraph (A); or

[ (C) require an understanding of the 1619

Project ].

SECTION 5. Section 31.0712, Education Code, is amended to

read as follows:

Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The

agency shall establish an open education resource advisory board to

ensure that open education resource instructional materials made

available under this subchapter are:

(1) of the highest quality;

(2) aligned with the essential knowledge and skills

adopted by the State Board of Education under Section 28.002 for the

applicable subject and grade level;

(3) suitable for the age of students at the grade level

for which the materials are developed; and

(4) free from bias and factual error[ ; and

[ (5) in compliance with Section 28.0022 ].

SECTION 6. Section 31.1011(a), Education Code, is amended

to read as follows:

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

shall annually certify to the State Board of Education and the

commissioner that:

(1) for each subject in the required curriculum under

Section 28.002, other than physical education, and each grade

level, the district or school:

(A) provides each student with instructional

materials that cover all elements of the essential knowledge and

skills adopted by the State Board of Education for that subject and

grade level; and

(B) in the provision of instructional materials,

protects students from obscene or harmful content as necessary for

compliance with:

(i) the Children's Internet Protection Act

(Pub. L. No. 106-554);

(ii) [ Section 28.0022;

[ (iii) ] Section 43.22, Penal Code; and

(iii) [ (iv) ] any other law or regulation

that protects students from obscene or harmful content; and

(2) the district or school used money allocated to the

district or school under the instructional materials and technology

allotment only for purposes allowed under Section 31.0211.

SECTION 7. Sections 28.0022(b), (c), (d), (e), (f), and

(g), Education Code, are repealed.

SECTION 8. This Act applies beginning with the 2025-2026

school year.

SECTION 9. 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.