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.