By: Hughes, et al.  S.B. No. 3          (In the Senate - Filed July 9, 2021; July 9, 2021, read   first time and referred to Committee on State Affairs;   July 15, 2021, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 6, Nays 2; July 15, 2021,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 3 By:  Hughes     A BILL TO BE ENTITLED   AN ACT     relating to certain curriculum in public schools, including certain   instructional requirements and prohibitions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter J, Chapter 21, Education Code, is   amended by adding Section 21.4555 to read as follows:          Sec. 21.4555.  CIVICS TRAINING PROGRAM. (a) To facilitate   the teaching of curriculum consistent with Sections 28.002(h-2) and   28.0022, the commissioner shall develop and make available civics   training programs for teachers and administrators.          (b)  A civics training program developed under this section   must include training in:                (1)  the essential knowledge and skills for the social   studies curriculum related to civic knowledge adopted under Section   28.002(h-2);                (2)  guided classroom discussion of current events, as   appropriate for the grade level and consistent with the   restrictions under Section 28.0022;                (3)  classroom simulations and models of governmental   and democratic processes consistent with the requirements and   restrictions of Sections 28.002(h-2) and 28.0022;                (4)  media literacy, including instruction on   verifying information and sources and identifying propaganda, as   appropriate for the grade level and consistent with the   restrictions under Section 28.0022; and                (5)  strategies for incorporating civics instruction   into subject areas other than social studies.          (c)  The commissioner by rule shall establish the grade   levels at which a teacher provides instruction to be eligible to   participate in a civics training program. In making the   determination, the commissioner shall include grade levels for   which the State Board of Education makes significant revisions to   the essential knowledge and skills for the social studies   curriculum under Section 28.002(h-2).          (d)  Each civics training program developed under Subsection   (a) must be reviewed and approved by the State Board of Education.   The board shall annually review each program.          (e)  Each school district and open-enrollment charter school   shall ensure that each district or school campus that offers a grade   level described by Subsection (c) has at least one teacher and one   principal or campus instructional leader who has attended a civics   training program. The agency shall provide assistance to school   districts and open-enrollment charter schools in complying with the   requirements of this subsection.          (f)  From funds available for that purpose, a teacher who   attends a civics training program may receive a stipend in an amount   determined by the commissioner. A stipend received under this   section is not included in determining whether a district is paying   the teacher the minimum monthly salary under Section 21.402.          (g)  The commissioner may delay implementation of Subsection   (e) to a school year not later than the 2025-2026 school year if the   revision of the essential knowledge and skills for the social   studies curriculum under Section 28.002(h-2) or the availability of   civics training programs does not occur in a manner that reasonably   affords public schools the ability to comply with that subsection   by an earlier school year. This subsection expires September 1,   2026.          SECTION 2.  Section 28.002, Education Code, as effective   September 1, 2021, is amended by adding Subsections (h-2) and (h-7)   to read as follows:          (h-2)  In adopting the essential knowledge and skills for the   social studies curriculum for each grade level from kindergarten   through grade 12, the State Board of Education shall adopt   essential knowledge and skills that develop each student's civic   knowledge, including:                (1)  an understanding of:                      (A)  the fundamental moral, political, and   intellectual foundations of the American experiment in   self-government;                      (B)  the history, qualities, traditions, and   features of civic engagement in the United States;                      (C)  the structure, function, and processes of   government institutions at the federal, state, and local levels;                      (D)  the founding documents of the United States,   including:                            (i)  the Declaration of Independence;                            (ii)  the United States Constitution;                            (iii)  the Federalist Papers, including   Essays 10 and 51;                            (iv)  excerpts from Alexis de Tocqueville's   Democracy in America;                            (v)  the transcript of the first   Lincoln-Douglas debate; and                            (vi)  the writings of the founding fathers   of the United States; and                      (E)  the history and importance of:                            (i)  the federal Civil Rights Act of 1964 (42   U.S.C. Section 2000a et seq.);                            (ii)  the Thirteenth, Fourteenth, and   Nineteenth Amendments to the United States Constitution;                            (iii)  the complexity of the historic   relationship between Texas and Mexico; and                            (iv)  the diversity of the Hispanic   population in Texas;                (2)  the ability to:                      (A)  analyze and determine the reliability of   information sources;                      (B)  formulate and articulate reasoned positions;                      (C)  understand the manner in which local, state,   and federal government works and operates through the use of   simulations and models of governmental and democratic processes;                      (D)  actively listen and engage in civil   discourse, including discourse with those with different   viewpoints;                      (E)  responsibly participate as a citizen in a   constitutional democracy; and                      (F)  effectively engage with governmental   institutions at the local, state, and federal levels; and                (3)  an appreciation of:                      (A)  the importance and responsibility of   participating in civic life;                      (B)  a commitment to the United States and its   form of government; and                      (C)  a commitment to free speech and civil   discourse.          (h-7)  The agency shall ensure that each school district or   open-enrollment charter school teaches civics education as part of   the district's social studies curriculum in a manner consistent   with the essential knowledge and skills adopted under Subsection   (h-2).          SECTION 3.  Section 28.002(h-2), Education Code, as added by   H.B. 4509, Acts of the 87th Legislature, Regular Session, 2021, is   redesignated as Section 28.002(h-6), Education Code, to read as   follows:          (h-6) [(h-2)]  In providing instruction regarding the   founding documents of the United States as described by Subsection   (h-1)(4), a school district or open-enrollment charter school shall   use those documents as part of the instructional materials for the   instruction.          SECTION 4.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0022 to read as follows:          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   particular current event or 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, to the best of the teacher's ability,   strive to explore that topic from diverse and contending   perspectives without giving deference to any one perspective;                (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; 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 for actions   committed in the past by other members of the same race or sex;                            (vi)  an individual should feel discomfort,   guilt, anguish, or any other form of psychological distress on   account of the individual's race or sex;                            (vii)  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;                            (viii)  the advent of slavery in the   territory that is now the United States constituted the true   founding of the United States; or                            (ix)  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) may not be construed to apply to a   student's participation in community charitable projects, such as   building community gardens, volunteering at local food banks, or   other service projects.          (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 for a course described by Subsection (a)(4).          (d)  A school district or open-enrollment charter school may   not implement, interpret, or enforce any rule, including a standard   provided by a student code of conduct adopted under Section 37.001,   in a manner that would result in the punishment of a student for   discussing the concepts described by Subsection (a)(4) or have a   chilling effect on student discussions involving those concepts.          SECTION 5.  Sections 28.002(h-2), (h-3), (h-4), and (h-5),   as added by H.B. 3979, Acts of the 87th Legislature, Regular   Session, 2021, and effective September 1, 2021, are repealed.          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2021-2022 school year.          (b)  Section 28.002(h-2), Education Code, as added by this   Act, applies beginning with the 2022-2023 school year.          SECTION 7.  Not later than December 31, 2022, the State Board   of Education shall review and revise, as needed, the essential   knowledge and skills of the social studies curriculum as required   by Section 28.002(h-2), Education Code, as added by this Act.          SECTION 8.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect other provisions or applications of this Act that can be   given effect without the invalid provision or application, and to   this end the provisions of this Act are declared to be severable.          SECTION 9.  This Act takes effect September 1, 2021, if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for effect on that   date, this Act takes effect on the 91st day after the last day of the   legislative session.     * * * * *