Legislative Blog
J.B. Williams, J.D.
Parental Rights being strengthened
A Blog about Education
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Education as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of Education
This subtopic will be used to discuss bills dealing with the Texas education system. They may include legislation that has been signed into law or bills that are currently being considered in the Texas legislature. Many currently being brought are more focused on parental rights with regard to their children.
Blog Summary
This bill was introduced into the Senate on 3/10/23 as 56 total pages once embedded into the Education statute. It's sponsors were Creighton; Bettencourt; Campbell; King; Middleton: Parker; Paxton; Schwertner; and Springer. It passed the Senate on 4/6/23. And was received in the House on 4/11/23, where it awaits hearings/final vote.
Parental rights include:
- directing of moral and religious training of a child;
- making decisions concerning the child's education;
- consenting to medical, psychiatric, and psychological treatment of a child
Parental Rights being strengthened
Published: 2023-05-12
The following are parent's rights that are protected from infringement by a public elementary or secondary school or state government entity, unless it is necessary to for furthering a state interest, including but not limited to providing life-saving care; and it is narrowly tailored to the least restrictive means to achieve that state interest.
- direct moral and religious training of a child;
- make decisions concerning the child's education;
- consent to medical, psychiatric, and psychological treatment of a child
This includes requiring a board of trustees, administrator, education or other individual in the education system not limiting parent's rights or withholding information from the parent regarding the child, unless another law so requires it. The withholding information is the only new addition to this portion.
To assist in parental involvement the school should develop a plan for parental participation, including in areas of homework, attendance and discipline. (In my opinion, unless the schools were actively keeping parents from being involved by not providing them with information; this is the parent's job not the schools. A school cannot force a parent to be involved with their child or their child's school. Parents need to step up and make requests of teachers and schools.) The community engagement policy shall include:
- a portal for parents of students enrolled may submit comments;
- public comments shall be provided at the beginning of each board meeting;
- board meetings shall be held outside of typical work hours.
Schools also have to ensure parents are aware of their rights including their right to withhold consent for or exempt a child from certain activities and instruction including:
- course of study and supplemental services;
- instructional materials and library materials;
- health education instruction;
- instruction regarding sexual orientation and gender identity;
- school options, including virtual and remote options;
- immunizations;
- gifted and talented programs;
- promotion, retention, and graduation policies;
- grade, class rank, and attendance information;
- state standards and requirements;
- data collection practices;
- health care services, including notice and consent; and
- local grievance procedures.
The parent's have the right to choose the education setting, including public school, private school, or home school. A form to allow parents to request instructional material review for a subject area in the grade level in which their child is enrolled. They cannot require more than 1 parent to make the request; the board of trustees is to determine if the request will be granted; and may permit the parent to review the materials before the district has done so. If at least 25% of parents request a review of instructional material then the board shall review the materials unless a majority of the board votes against it. If it is at least 50% of the parents then the board must do the review.
If a school district begins or modifies procedures for monitoring a student for mental, emotional, or physical health or well-being, then they must notify the parent(s). The school should encourage students to discuss issues relating to well-being with parents; or facilitate such discussion. The school district may not prohibit an employee from notifying a parent regarding information about a student's mental, emotional, or physical well-being; or a change in services provided to or a monitoring of a student. The school district should not encourage or have the effect of encouraging a student to withhold information from a parent. The school district may not prevent a parent from accessing education or health records of their child. They have the right to not disclose if a reasonable person would worry that it would result in the student suffering abuse or neglect as that term is defined under the Family Code Section 261.001. The parent's get a copy of the questionnaire or form for well-being or health screening that the child will be requested to complete, and the parent must consent to their child being asked to complete the form.
The school must get parental consent before they may:
- conduct a psychological examination, test or treatment (already the law);
- make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice (already the law);
-
(newly added after this for this portion only) unless authorized by other law
- disclosed a child's health or medical information to any person other than a parent; or
- collect, use, store, or disclose to any person other than a parent the child's biometric identifiers; or
- provide health care services or medication or conduct a medical procedure.
For health services that are routinely provided by an employee of the school, written consent can be granted at the beginning of the school year and will be valid through the end of the school year. Before the first instructional day of the school year, the district must advise the parents with written notice of any actions that would involve the collection, use or storage of information. It must be in plain language and be signed by the parent to be valid.
The State Board of Education, along with agency and State Board of Education Certification, shall review and and revise the following:
- school counseling framework and standards;
- student services personnel guidelines;
- educator practices and professional conduct principles.
It allows a court to award court costs and reasonable attorney's fees in a frivolous lawsuit or proceeding.
It allows eligible students to request a transfer to a school offering in-person instruction, and requires the school to admit students up to it's limit of capacity. There are rules regarding how they choose the students if they have more transfer requests than they have open capacity. Priority goes to students that were previously enrolled and no longer reside in the district; dependents of employees for the district; students with special education services; dependents of military personnel; dependents of law enforcement; in foster care; under a modification of a child custody order; have siblings enrolled in the district.
Of course, students can be denied if they are already expelled from another school; and can be expelled from the district if they commit an offense that would normally mean expulsion. And students can have their transfer revoked if the conduct violates normal conditions specified in a student code of conduct, and the student is afforded appropriate due process.
Grievances are amended to create stronger timelines and to ensure that parents will know who is responsible for receiving grievances; what the findings are regarding a grievance; and when they must appeal the findings by. It expands the appeals to include a hearing examiner in the event the parents are not satisfied with the results under the Board of Trustees. If there are at least 5 grievances in a section against a particular district during a school year, then the superintendent must appear before the State Board of Education.
It restricts instruction regarding instruction, guidance, activities, or programming regarding sexual orientation or gender identity to enrolled students in prekindergarten through 12th grade. With parental consent those involved in medical or mental health services may discuss these with a student, but no instructions by an employee or by a third party may be done.
Parents are entitled to at least 2 in person meetings with the child's teachers regarding the performance of the child.
Organizations that provide education assistance may apply to receive money from a fund to pay for the expenses incurred in providing the education. There are a myrad of rules around who may apply, how many there will be, how they are to be included, verification of funds spent, and which students would qualify to receive the funding assistance.
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