HB 1368

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest
HB 1368 seeks to improve parental awareness regarding the presence of essential school personnel. The bill mandates that public schools, including open-enrollment charter schools, notify parents if the school does not have a nurse, school counselor, or librarian (or an equivalent arrangement) present for more than 30 consecutive instructional days during the same school year. This notification must be provided in writing to the parent or guardian of each enrolled student.

The bill specifies that the notice should be issued by the school principal no later than 30 instructional days after the first day the absence occurs. Schools are also required to make a good faith effort to ensure the notice is provided in a bilingual format if the primary language of the parent or guardian is not English. Additionally, schools can fulfill the notification requirement by posting the notice on the school’s official website, provided it is accessible from the homepage within three clicks.

An exemption exists for school districts and open-enrollment charter schools with fewer than 10,000 students, which are not subject to this requirement. The legislation is set to take effect starting with the 2025-2026 school year. However, if it receives a two-thirds vote from both legislative houses, the act will take immediate effect; otherwise, it will take effect on September 1, 2025.

The original version of HB 1368 and the Committee Substitute both address the requirement for public schools to notify parents if a nurse, school counselor, or librarian (or their equivalent) is not present during all instructional hours for more than 30 consecutive days. However, there are a few key differences between the two versions.

The primary difference lies in the scope and flexibility of the notification requirements. In the original bill, the notification requirement applies uniformly to all public schools, including open-enrollment charter schools, except for those with fewer than 10,000 students. In contrast, the Committee Substitute introduces a more nuanced approach by clarifying that schools with the equivalent of a full-time nurse, counselor, or librarian—through the assignment of multiple individuals covering all instructional hours—are considered compliant. This allows schools with part-time or shared staffing arrangements to meet the requirement without issuing a notification, as long as coverage during all instructional hours is maintained.

Another difference is the explicit emphasis in the Committee Substitute on the practical means of notification. While the original bill allows for the notification to be posted on the school’s website, the Committee Substitute specifies that such notice must be easily accessible from the homepage within three clicks, enhancing accessibility for parents. Additionally, the Committee Substitute adds provisions requiring schools to retain a copy of any notice given, thereby creating a record for accountability purposes, which the original bill does not explicitly mention.

Overall, the Committee Substitute version of HB 1368 aims to provide greater clarity on compliance, flexibility in staffing arrangements, and enhanced accessibility and record-keeping compared to the original version. 
Author (5)
Venton Jones
Bradley Buckley
Alma Allen
Ron Reynolds
Robert Guerra
Co-Author (18)
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1368 would not have a significant fiscal impact on the state. The analysis assumes that any costs associated with implementing the bill can be absorbed within existing resources of state agencies, particularly the Texas Education Agency (TEA). This assessment indicates that the bill’s requirements do not impose a substantial financial burden on state operations.

However, the bill may have localized fiscal implications for school districts and open-enrollment charter schools. Specifically, these schools could incur administrative costs related to translating and publishing the required notifications in the primary languages spoken by parents or guardians. This requirement aims to ensure accessibility and comprehension for non-English-speaking families, but it may necessitate additional resources for translation and distribution.

Overall, while the state-level financial impact is minimal, local educational entities may experience some cost pressures, particularly in districts with diverse linguistic demographics. Nonetheless, these costs are not expected to be substantial enough to necessitate state intervention or additional funding. 

Vote Recommendation Notes

HB 1368 addresses a critical issue concerning transparency and parental awareness in public schools. The bill requires that parents be notified when essential school staff—nurses, school counselors, or librarians—are absent for more than 30 consecutive instructional days during the school year. This measure responds to concerns raised by parents who assume that these support personnel are always available, and it seeks to alleviate anxiety by ensuring that parents are informed when such services are not consistently provided. The bill also acknowledges the challenges schools face in maintaining full-time staffing for these positions, highlighting the need for clear communication with families.

HB 1368 aligns with the principles of Individual Liberty and Personal Responsibility by ensuring that parents have access to information crucial to their decision-making regarding their children's education. It also supports Limited Government by not imposing excessive regulatory burdens on schools, as the notification requirement is straightforward and can be satisfied via written notice or a website posting. Moreover, the bill includes reasonable exemptions, such as excluding districts with fewer than 10,000 students, thereby reducing the administrative burden on smaller schools.

The bill has no significant fiscal impact on the state and only minor administrative costs at the local level, primarily related to bilingual notification and website updates. This cost efficiency respects Free Enterprise principles by minimizing financial strain on school districts. Additionally, the requirement for parental notification upholds Private Property Rights indirectly, as parents can make better-informed decisions about their children’s education when they have accurate information.

Overall, HB 1368 promotes transparency and supports parental rights without imposing undue burdens on educational institutions. It strikes a balanced approach between ensuring accountability and maintaining flexibility for school administrations. Therefore, Texas Policy Research recommends that lawmakers vote Yes on HB 1368.

  • Individual Liberty: HB 1368 enhances individual liberty by ensuring parents have access to information regarding the availability of essential school staff—nurses, counselors, and librarians. By requiring schools to notify parents when these staff members are absent for more than 30 consecutive instructional days, the bill empowers parents to make informed decisions about their children's education and well-being. This increased transparency respects the right of parents to be fully informed about the conditions within their child’s school environment.
  • Personal Responsibility: The bill reinforces personal responsibility by providing parents with the necessary information to take proactive steps regarding their children’s education. If parents know that crucial support staff are not present, they can make adjustments—such as seeking external support or advocating for better staffing at school. This aligns with the principle that individuals should take responsibility for decisions that affect their family’s well-being.
  • Free Enterprise: The bill has minimal impact on free enterprise since it does not impose significant financial burdens on schools or the state. The Legislative Budget Board notes that any costs associated with the bill are expected to be absorbed within existing resources. By avoiding new, costly mandates, the bill allows school districts to maintain budget flexibility, thereby respecting the efficient allocation of public resources.
  • Private Property Rights: Although the bill does not directly affect private property rights, it indirectly supports parents’ rights to make decisions regarding their children’s educational environment. Informed parents are better positioned to advocate for improvements or to choose alternative educational options, thereby exercising their autonomy and protecting their family’s best interests.
  • Limited Government: HB 1368 demonstrates a commitment to limited government by imposing a straightforward and minimally intrusive requirement. The bill does not create new state programs or regulations beyond the notification requirement. Moreover, it specifically exempts smaller school districts (those with fewer than 10,000 students), which prevents unnecessary regulation of schools that may already face staffing challenges. This targeted approach respects local control while promoting transparency.
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