2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter A. Essential Knowledge and Skills; Curriculum › Section 28.0022. Certain Instructional Requirements and Prohibitions

Sec. 28.0022.  CERTAIN INSTRUCTIONAL REQUIREMENTS AND PROHIBITIONS.  (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 not require, make part of a course, or award a grade or course credit, including extra credit, for a student's:
(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
(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.
(b)  Subsection (a)(3) does not apply to a student's participation in:
(1)  community charitable projects, such as building community gardens, volunteering at local food banks, or other service projects;
(2)  an internship or practicum:
(A)  for which the student receives course credit under a career and technology education program or under the P-TECH program established under Section 29.553; and
(B)  that does not involve the student directly engaging in lobbying, social policy advocacy, or public policy advocacy; or
(3)  a program that prepares the student for participation and leadership in this country's democratic process at the federal, state, or local level through the simulation of a governmental process, including the development of public policy.
(c)  A state agency, school district, or open-enrollment charter school may not accept private funding for the purpose of developing a curriculum, purchasing or selecting curriculum materials, or providing teacher training or professional development related to a concept listed in Subsection (a)(4)(A).
(d)  A school district or open-enrollment charter school may not implement, interpret, or enforce any rule in a manner that would result in the punishment of a student for reasonably discussing the concepts described by Subsection (a)(4) in school or during a school-sponsored activity or have a chilling effect on reasonable student discussions involving those concepts in school or during a school-sponsored activity.
(e)  Nothing in this section may be construed as limiting the teaching of or instruction in the essential knowledge and skills adopted under this subchapter.
(f)  This section does not create a private cause of action against a teacher, administrator, or other employee of a school district or open-enrollment charter school. A school district or open-enrollment charter school may take appropriate action involving the employment of any teacher, administrator, or other employee based on the individual's compliance with state and federal laws and district policies.
(g)  Nothing in this section may be construed as prohibiting a teacher employed by a school district or open-enrollment charter school from directing a classroom activity that involves students communicating with an elected official so long as the district, school, or teacher does not influence the content of a student's communication.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 9 (S.B. 3), Sec. 5, eff. December 2, 2021.