89th Legislature Regular Session

SB 12

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 12 is a comprehensive proposal aimed at strengthening parental rights and redefining administrative policies within Texas public education. The bill establishes statutory protections for a parent's right to direct their child's education, moral and religious training, and medical decisions. These rights are framed as fundamental and immune from state or school interference unless a compelling interest is present and addressed through the least restrictive means.

The bill also requires public elementary and secondary schools, including charter schools, to fully implement and comply with all mandatory policies established under state law. This provision appears intended to ensure uniform adherence to statewide educational standards and directives, potentially limiting discretion at the campus or district level.

Additionally, SB 12 mandates annual reporting by school districts on the use of instructional and administrative facilities, including square footage, student capacities, and enrollment data. The Texas Education Agency (TEA) must publish a public-facing report derived from this data, except in cases where disclosure would pose a security risk.

Further, the bill expands transparency requirements for school boards by obligating districts to regularly update and publish identifying and leadership information about trustees. Finally, SB 12 prohibits public schools from assigning staff or resources to perform duties related to diversity, equity, and inclusion (DEI), unless such duties are necessary to comply with state or federal anti-discrimination laws. This restriction represents a significant policy shift, particularly in relation to school employment practices and cultural programming.

The House Committee Substitute for SB 12 expands significantly on the Senate-engrossed version by introducing a broader framework of protections for parental rights and by embedding enforceable oversight mechanisms. While both versions reinforce a parent's authority over their child's education and health decisions, the House version goes further by codifying procedures that schools must follow when providing health-related services. It includes new mandates for notifying parents about mental, emotional, and physical health services, and restricts schools from taking action in these areas without explicit parental consent.

Another major difference is the addition of detailed grievance and enforcement mechanisms in the House version. It establishes a formal grievance process for parents, including rights to escalate complaints through school leadership and even appeal to a state-appointed hearing examiner. If a school district accumulates repeated adverse rulings, its superintendent could be required to testify before the State Board of Education. These enforcement provisions introduce layers of accountability absent in the Senate version, which focuses more on policy declarations than administrative processes.

The House version also introduces new subject areas, such as comprehensive rules for inter-district student transfers and a ban on student clubs based on sexual orientation or gender identity. It requires parental consent for all student club participation and limits staff involvement to supervisory roles without instructional content. Additionally, the House adds mandates for annual compliance certification, requiring school superintendents to affirm that their districts are following specific laws related to DEI and parental rights, with documentation published on the Texas Education Agency's website.

In terms of instructional content, the House version codifies explicit prohibitions on teaching about sexual orientation or gender identity from pre-K through 12th grade, whereas the Senate version is more general. It also mandates two in-person parent-teacher conferences per year and detailed parental notifications regarding academic performance and curriculum. These additions reflect a broader effort by the House to operationalize the policy themes introduced in the Senate version with greater administrative precision and enforceability.

Author
Brandon Creighton
Co-Author
Paul Bettencourt
Brian Birdwell
Donna Campbell
Brent Hagenbuch
Bryan Hughes
Phil King
Lois Kolkhorst
Mayes Middleton
Angela Paxton
Kevin Sparks
Sponsor
Jeff Leach
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 12 are expected to result in a net negative impact to the state’s General Revenue-Related Funds totaling approximately $1.48 million over the biennium ending August 31, 2027. This cost is primarily driven by the administrative and technological infrastructure needed to implement the new mandates imposed by the bill. The Texas Education Agency (TEA) anticipates hiring two full-time employees to manage compliance and reporting requirements, with ongoing personnel costs estimated at $195,856 annually from FY 2028 through FY 2030.

One of the bill’s cost drivers is the requirement for TEA to collect and publish annual facility usage reports from all school districts, including detailed information on instructional capacity and land use. Additionally, TEA must oversee new mandates that require school boards to adopt, publish, and submit grievance procedures and parental engagement policies. These provisions necessitate the development and maintenance of information systems, accounting for $0.3 million in technology expenses in FY 2026 and $0.8 million in FY 2027.

Local education agencies (LEAs) may also face indeterminate costs due to obligations for compliance reporting, policy adoption, website updates, documentation of grievances, and the production and distribution of new parental rights materials. While specific costs to individual districts could vary widely based on local capacity, TEA notes that the overall financial burden to LEAs could be meaningful, although not quantifiable at this time.

In summary, SB 12 creates new administrative demands at both the state and local levels. While the financial burden on TEA is clearly outlined and modest in scale, the bill’s broad mandates may result in additional, though unspecified, compliance costs for school districts statewide.

Vote Recommendation Notes

SB 12 represents a robust and thoughtful expansion of parental rights within Texas public education, rooted in the principle that families, not schools or government, should have ultimate authority over their children’s moral, educational, and health-related upbringing. The bill codifies key rights for parents, such as the ability to opt into human sexuality instruction, access to instructional materials and student health services, and participation in grievance and appeals processes. These provisions substantially increase transparency and accountability in school governance, aligning well with the principles of individual liberty and personal responsibility.

The bill also establishes limits on the use of diversity, equity, and inclusion (DEI) duties within school systems, restricting administrative mandates that could lead to compelled speech or viewpoint discrimination. Importantly, the House committee substitute version of SB 12 softens some of the originally broad DEI prohibitions to ensure they do not conflict with federal anti-discrimination requirements. This pragmatic refinement maintains the bill’s objective—preventing ideological imposition in public education—while minimizing legal and operational risk for schools.

Though SB 12 comes with moderate fiscal implications, including an estimated $1.48 million impact on the General Revenue Fund over the 2026–2027 biennium, these costs are primarily attributed to new reporting requirements and compliance functions at the Texas Education Agency. School districts may also face manageable administrative responsibilities, such as publishing grievance policies and reporting facility usage, but these are reasonable expectations given the bill’s goals of improving oversight and engagement.

In sum, SB 12 strongly reflects foundational liberty values—especially parental authority, limited government, and accountability in public institutions. The bill’s overarching structure is sound. Texas Policy Research recommends that lawmakers vote YES on SB 12.

  • Individual Liberty: The bill strongly reinforces individual liberty by asserting and protecting the rights of parents to make decisions regarding their children’s moral, religious, educational, and medical upbringing. The bill places limits on school authority, requiring parental consent for certain health-related services, and increases access to instructional materials and school records. These provisions ensure that parents, not the state, have final say over decisions affecting their children, directly enhancing constitutional protections of family autonomy and privacy.
  • Personal Responsibility: The bill promotes personal responsibility by placing decision-making authority squarely in the hands of families. Parents are empowered to actively participate in grievance processes, monitor their child’s exposure to sensitive curriculum, and select educational settings that align with their values, including private and home school options. The bill implicitly expects families to take an active role in navigating their children’s educational paths, reflecting a deeper commitment to civic responsibility and local engagement.
  • Free Enterprise: The bill does not directly regulate private business, but its prohibition on DEI duties may have indirect implications for innovation and staffing flexibility within public education systems. By limiting DEI-related training and hiring policies—even voluntary ones—it may restrict how school districts experiment with inclusive practices that reflect community needs. Still, since these constraints apply to government entities and not the private sector, the free enterprise principle is largely unaffected.
  • Private Property Rights: There is no significant effect on private property rights. The bill’s provisions focus on public institutions, and while facility reporting requirements involve school property, they do not implicate individual ownership or use of private property.
  • Limited Government: The bill generally aligns with limited government by removing the state from domains better governed by parents. It curtails public schools’ authority to enact DEI-related mandates or operate without meaningful parental oversight. However, it also introduces several new administrative mandates—including TEA compliance certifications, grievance tracking, and facility usage reporting—which expand state oversight and bureaucratic involvement. While these additions serve transparency goals, they may challenge the ideal of minimal state intervention unless carefully managed.
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