Legislative Blog

J.B. Williams, J.D.

5 bills that modify the Education Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws 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 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 114 - Marihuana or e-cigarettes on or near public schools

HB 400 - Residency training programs in psychiatric specialty fields

HB 567 - Discrimination on the basis of hair texture or protective hairstyle associated with race

HB 621 - Temporary certification for teaching career and technology for military service members and first responders

HB 900 - Regulation of library materials sold to or included in public school libraries

5 bills that modify the Education Code

Published: 2024-11-21

HB 114

Marihuana or e-cigarettes on or near public schools

A student must be removed from class and placed in a disciplinary alternative education program if they sell, give, or deliver to another a controlled substance on or within 300 foot of school property. Marihuana is excluded. However, they merely moved it to a new section that provides the same outcome for a dangerous drug on or within 300 foot of the school property. A dangerous drug includes marihuana and e-cigarette.

If the alternative education program is at capacity, then students distributing dangerous drugs must be placed on in-school suspension and moved to the alternative education program if a place becomes available while they are on in-school suspension. A student in the alternative education program may be moved to in-school suspension, if the spot is needed for a student who engaged in violent conduct.

HB 400

Residency training programs in psychiatric specialty fields

There will be an innovative grant program for medical schools that encourage the increase in the number of physicians in Texas who specialize in pediatric or adult psychiatric care. To support this program, they may seek federal funding; solicit gifts, grants, and donations from other sources.

Not only must there be rules for issuing these grants, but they must have methods for tracking the effectiveness the career paths for graduates and how long they practice in psychiatric specialty fields in Texas.

Sixty percent of the grants go to pediatric psychiatric care specialty and forty percent of the grants go to adult psychiatric care specialty. Priority must be given to rural and underserved areas. (I despise this means because it generally puts higher funds in rural or whatever underserved means areas, but seems to have little effect on the outcomes. Perhaps, in this case, an incentive to those to practice in rural areas or in the underserved areas would have a more positive approach. I sincerely hope they look at this specifically because otherwise the entire program could be viewed as not a wise investment.)

Thankfully they do establish another grant program that awards grants that specifically establish or maintain a program that serves a rural or underserved area. This seems like a much better approach to enticing individuals to practice in these areas. Although I know when I did work with juveniles, those requiring a mental health facility, but not able to financially pay for a private institute, were referred to mental health facilities in rural areas. So we seem to be supporting more and more lower cost facilities in rural, and perhaps what are considered underserved areas, while larger cities have less and less available for those without the financial means. I'm not convinced that underserved is being determined by the number of available in-treatment or out-patient facilities and the number they may treat without regard to the cost. For a lot of the juveniles I saw, either as those I represented or those clients of fellow attorneys, they ended up in a facility that was hours away from where they resided. This created issues for the family to participate in the counseling in the way it was needed to ensure a faster and more lasting outcome.

HB 567

Discrimination on the basis of hair texture or protective hairstyle associated with race

Protective hairstyle includes braids, locks and twists.

A student dress or grooming policy may not discriminate against hair texture or protective hairstyles historically associated with race.

Discrimination on the basis of an employee's hair texture or protective hairstyle historically associated with race is unlawful.

HB 621

Temporary certification for teaching career and technology for military service members and first responders

This certification is for those that served in the armed forces of the United States and was honorably discharged, retired, or released from active duty. Of they may have been a first responder, in good standing, and retired, resigned or separated from employment.

The board shall propose rules for providing the certification. If the person has an associate degree, 48 months of active duty military or first responder service then they qualify. If the person has a bachelor's degree with 60 semester credit hours completed and military service or first responder service then they qualify.

The temporary certification is only valid for up to 3 years, may only be issued one time, and is not subject to being renewed. While under temporary certification a person may complete all requirements for certification. If teaching at a school district, the district must require a minimum of 20 hours of classroom management for those holding temproary certification. And a mentor must be provided.

HB 900

Regulation of library materials sold to or included in public school libraries

Also known as Restricting Explicit and Adult-Designated Educational Resources Act

Sexually explicit material means communication, language, or material, including written description, language, photographic image, video image, or audio file, that describes, depicts, or portrays sexual conduct. This does not include material related to curriculum required. The Texas State Library and Archives Commission must adopt stands to be reviewed and updated once every 5 years; and include a policy that prohibits possession, acquisition, and purchase of the following:

1. harmful materials that are defined in Penal Code, Section 43.24;
2. material rated sexually explicit by the selling vendor;
3. material that is pervasively vulgar or educationally unsuitable under Pico v Board of Education, 457 U.S. 853 (1982)

The standards also include recognition of obscene content that is not protected by the First Amendment to the U.S. Constitution; is required to be available for use; recognizes parents are primary decision makers regarding the student access to materials; encourages schools to provide library catalog transparency; recommends communication with parents regarding the collection development; and prohibits the removal of material based solely on the following:

1. ideas contained in the material or
2. personal background of the author or the characters

Library material vendors must have appropriate ratings regarding sexually explicit material and sexually relevant materials prior to sale to a district. They must also provide those for materials previously sold to schools. Materials rated sexually explicit may not be sold to school libraries, and they must issue recalls for all materials rated sexually explicit and in active use by a district or school. The ratings had to be complete on past sold materials by April 1, 2024. By September 1 of each year the vendor shall provide an updated rating list. This should be readily viewable on the vendor's website.

The material must be viewed to determine if it is sexually explicit by looking at the following 3 principles:

1. the explicitness or graphic nature of the description or depiction of sexual conduct contained;
2. does the material predominantly contain multiple depictions of sexual or excretory organs or activities; and
3. if a reasonable person would find the material intentionally panders to, titillates, or shocks the reader

The agency can review and modify ratings. If a rating is modified, they must notify the vendor, and the vendor has 60 days to modify the rating.

Students cannot check out material that is rated as sexually relevant without parental consent.

In every odd-numbered year, the school will review the catalog of materials rated sexually releveant; determine if the material should be retained; and either post on their Internet a report or provide physical copies of the reportto the central administrative building. The report must include the title of the material reviewed; the decision regarding the material; and the school where the material is located.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.