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Parental Rights in Texas Public Education

Parental Rights to Certain Information Under the Texas Education Code

Texas law requires public schools to include parents as partners with educators, administrators, and school district boards of trustees in creating and implementing educational programs for their children. This partnership entitles parents to the following information:

Teaching Materials
General
A parent is entitled to review all teaching materials, instructional materials, and other teaching aids used in the child’s classroom, including while the child is participating in virtual or remote learning. School districts shall make teaching materials and tests readily available for review by parents and may specify reasonable hours for review. A parent is entitled to request the student be allowed to take home any instructional materials used by the student, subject to the availability of the materials. A student who takes home instructional materials must return the materials to school at the beginning of the next school day if requested to do so by the student’s teacher. Instructional materials must be in printed format if the student does not have reliable access to technology at the student’s home. A parent is also entitled to review each test administered to the parent’s child after the test is administered.

Online Instruction Materials
A parent is entitled to the login credentials for online learning portals used to assign, distribute, present, or make available instruction materials. A parent is also entitled to observe virtual instruction while the parent’s child is participating in virtual or remote learning to the same extent the parent would be entitled to observe in-person instruction of the child.

Human Sexuality Materials
A school district shall make all curriculum materials used in the district’s human sexuality instruction or instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking, available by providing a copy of public domain curriculum materials by mail or e-mail to a parent of a student enrolled in the district on the parent’s request, and posting public domain curriculum materials on the district’s Internet website, if the district has an Internet website. For copyrighted curriculum materials, parents are allowed to review the curriculum materials at the student’s campus at any time during regular business hours, purchase a copy of the curriculum materials from the publisher as provided by the district’s purchase agreement, or review the curriculum materials online through a secure electronic account in a manner that prevents the curriculum materials from being copied and that otherwise complies with copyright law. Before a student may be provided with human sexuality instruction, a school district must obtain the written consent of the student’s parent. A request for written consent:
      • may not be included with any other notification or request for written consent provided to the parent; and
      • must be provided to the parent not later than the 14th day before the date on which the human sexuality instruction begins.
Before each school year, school districts shall provide written notice to all parents of enrolled students in the district regarding whether the district will provide human sexuality instruction to district students. The notice must include:
  • a statement informing the parent of the human sexuality instruction requirements under state law;
  • a detailed description of the content of the district’s human sexuality instruction and a general schedule on which the instruction will be provided;
  • a statement of the parent’s right to:
    • at the parent’s discretion, review or purchase a copy of curriculum materials;
    • remove the student from any part of the district’s human sexuality instruction without subjecting the student to any disciplinary action, academic penalty, or other sanction imposed by the district or the student’s school; and
    • use the grievance procedure or the appeal process concerning a complaint for violations of these rights
  • a statement that any curriculum materials in the public domain used for the district’s human sexuality instruction must be posted on the district’s Internet website, if the district has an Internet website, and the Internet website address at which the curriculum materials are located; and
  • information describing the opportunities for parental involvement in the development of the curriculum to be used in human sexuality instruction, including information regarding the local school health advisory council.
Challenging the Appropriateness of Teaching Materials A parent may formally challenge an instructional resource used in the district’s educational program based on appropriateness.
Informal Consideration. The school receiving a complaint about the appropriateness of an instructional resource shall try to resolve the matter informally using the following procedure:
  • The principal or designee shall explain the school’s selection process, the criteria for selection, and the qualifications of the professional staff who selected the questioned resource.
  • The principal or designee shall explain the intended educational purpose of the resource and any additional information regarding its use.
  • If appropriate, the principal or designee may offer a concerned parent an alternative instructional resource to be used by that parent’s child in place of the challenged resource.
  • If the parent wishes to make a formal challenge, the principal or designee shall provide the parent a copy of this policy and a form to request a formal reconsideration of the resource.
Formal Consideration. A parent shall make any formal objection to an instructional resource on the form provided by the district and shall submit the completed and signed form to the principal. Upon receipt of the form, the principal shall appoint a reconsideration committee. The reconsideration committee shall include at least one member of the instructional staff who has experience using the challenged resource with students or is familiar with the challenged resource’s content. Other members of the committee may include District level staff, library staff, secondary-level students, parents, and any other appropriate individuals. All members of the committee shall review the challenged resource in its entirety. As soon as reasonably possible, the committee shall meet and determine whether the challenged resource conforms to the principles of selection set out in this policy. The committee shall prepare a written report of its findings and provide copies to the principal, the Superintendent or designee, and the parent.

Appeal. The parent may appeal the decision of the reconsideration committee in accordance with appropriate complaint policies, starting with the appropriate administrator.

Student Information
A parent is entitled to full information regarding the school activities of a parent’s child unless the information is subject to Child Abuse Reporting and Programs. School district employees are not allowed to encourage or coerce a child to withhold information from the child’s parent. School districts seeking to withhold student information from a parent who has requested the information cannot sue the parent.

Exemption from Instruction
A parent is entitled to remove the child temporarily from a class or other school activity that conflicts with the parent’s religious or moral beliefs if the parent presents or delivers to the teacher of the parent’s child a written statement authorizing the removal of the child from the class or other school activity. A parent is not entitled to remove the child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester.

Board Meetings
A parent is entitled to complete access to any board of trustee meeting other than a closed meeting held in compliance with Subchapters D and E, Chapter 551, Government Code.

Reasonable Fees
School districts may charge reasonable fees for copies of teaching materials.

Complaint Procedures
The board of trustees of each school district shall address each complaint that the board receives concerning violation of the above rights. The most current complaint procedures for each parent entitlement are included in each school district’s online board policy manual in Section F. Students, FNG – Student Rights and Responsibilities – Student and Parent Complaints/Grievances. Each school district website includes a link to their board policies. A parent may not file suit against a professional employee of a district unless the person has exhausted the district’s remedies for resolving the complaint.

Certain Instructional Requirements and Prohibitions For Teaching About American History, Civics, Race, and Sex

Requirements

American History
School districts must teach informed American patriotism, Texas history, and the free enterprise system, including the founding documents of the United States. A primary purpose of the Texas public school curriculum is to prepare thoughtful, informed citizens who understand the importance of patriotism and can function productively in a free enterprise society with appreciation for the fundamental democratic principles of our state and national heritage, including why America is the destination of choice for those around the world who yearn to live in freedom.

Civil Discourse
School districts must teach the ability to actively listen and engage in civil discourse, including discourse with those with different viewpoints.

Certain Prohibitions on Educators

Proselytizing
School districts must not proselytize or indoctrinate students concerning any specific religious or political belief.

Discussing Public Policy or Social Affairs in the Classroom 
School districts may not compel teachers to discuss any widely debated and currently controversial issue of public policy or social affairs, but if the teacher chooses to do so, the teacher must explore that topic objectively, and in a manner free from, political bias. Teachers may conduct classroom activities involving students communicating with an elected official so long as the district, school, or teacher does not influence the content of a student’s communication.

Teaching Race, Sex, Civics, and American History
Teachers, administrators, or other employees of a state agency, school district, or open-enrollment charter school may not teach the following concepts as a part of any class or subject matter from kindergarten through grade 12:
  • one race or sex is inherently superior to another race or sex; an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
  • an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex;
  • an individual’s moral character, standing, or worth is necessarily determined by the individual’s race or sex;
  • 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;
  • 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;
  • the advent of slavery in the territory that is now the United States constituted the true founding of the United States;
  • 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; or
  • require an understanding of the 1619 Project.
Training Educators About Race, Sex, Civics, and American History
Teachers, administrators, or other employees of a state agency, school district, or open-enrollment charter school may not teach, instruct, or train any administrator, teacher, or staff member of a state agency, school district, or open-enrollment charter school to adopt any of the concepts listed in 3 above.

Student Discussions About Race, Sex, Civics, and American History
School districts and charters may not implement, interpret, or enforce any rule in a manner that punishes a student for reasonably discussing the concepts listed in 3 above, either in school or during a school-sponsored activity, or enforce any rule that would have a chilling effect on reasonable student discussions involving those concepts in school or during a school-sponsored activity. b. Student Political Activities. School districts may not require, make part of a course, or award a grade or course credit, including extra credit, for a student’s:
  • work for, affiliation with, or service learning in association with any organization engaged in 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;
  • social policy advocacy or public policy advocacy;
  • 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
  • participation in any internship, practicum, or similar activity involving social policy advocacy or public policy advocacy, unless it is 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.
 
Complaint Procedures
A parent may file a complaint regarding violation of the above prohibitions by following the complaint procedures included in each school district’s online board policy manual in Section F. Students, FNG – Student Rights and Responsibilities – Student and Parent Complaints/Grievances. Each school district website includes a link to their board policies. A parent may not file suit against a professional employee of a district unless the person has exhausted the district’s remedies for resolving the complaint.

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