SB 12 by Senate Committee on Education K-16 Chairman Brandon Creighton has been passed by the Senate and will be heard in the House Public Education Committee on Tuesday, May 13.
A major focus of this bill is on parental rights and educational policies in Texas public schools. It provides that a parent has a right to direct the moral and religious training of their child, make decisions concerning the child’s education, and consent to medical, psychiatric, and psychological treatment of the child without obstruction or interference from the state, any political subdivision, a school district or open-enrollment charter school, or any other governmental entity.
It provides that a parent is entitled to choose the educational setting for their child, including public school, private school, or home school.
It provides that school districts are not to be considered as having withheld information from a parent regarding their child if the district’s action is in accordance with other law, including FERPA.
District Plans for Parental Participation
The bill requires each school board to develop a plan for parental participation in the district to improve parent and teacher cooperation, including in the areas of homework, school attendance, and discipline.
Facility Usage Reports
It requires school districts to file updated annual Facility Usage Reports detailing capacity, composition, and purposes of district facilities. It requires TEA to produce and make available on the agency’s website an annual report on school district land and facilities.
Transfers
The bill provides that school districts could deny the transfer of a student only if:
- The district is at full capacity or has more requests for transfers than available positions after the district has filled the positions by lottery, which prioritizes certain applicants as set forth in the bill;
- the district has adopted a policy that excludes a student with a documented history of a criminal offense, a juvenile court adjudication, or other chapter 37 discipline problems; or
- if approving the transfer would supersede a court-ordered desegregation plan. Prohibits a school district from considering equity when determining if the school is at full capacity.
Transfer students may remain enrolled in the receiving district until the student graduates from high school or is no longer eligible to attend a public school. Receiving districts are not required to provide transportation to transfer students and are prohibited from charging tuition for transfer students.
School districts can only revoke the approval of a transfer student if the student engages in conduct in which they are required to be placed in a DAEP or are required or permitted to be expelled. Prior to revoking the student’s transfer, the district must provide the student with any due process as required by state law or district policy.
Parental Consent
The bill requires school districts to get written permission from parents before a student can receive human sexuality instruction. Additionally, written parental consent is now required for various health services and psychological examinations.
Parent Grievances
Requires school district to adopt grievance procedures to ensure parent concerns are addressed promptly and effectively.
Implementation
The bill would become effective beginning with the 25-2026 school year if passed.
