89R14637 KRM-D     By: Hefner H.B. No. 4381       A BILL TO BE ENTITLED   AN ACT   relating to parental rights and required notification in public   education; authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.041 to read as follows:          Sec. 38.041.  NOTICE OF PARENTAL RIGHTS. (a)  The agency   shall create and maintain a comprehensive, easily understood   document that informs a parent of the parent's rights and options   regarding the health of the parent's child.          (b)  The document created under Subsection (a) must:                (1)  include information regarding a parent's right to:                      (A)  withhold consent for or exempt the parent's   child from certain health-related activities and instruction;                      (B)  access health-related information relating   to the parent's child, including:                            (i)  counseling records;                            (ii)  psychological records;                            (iii)  health and immunization information;                            (iv)  teacher and school counselor   evaluations;                            (v)  reports of behavioral patterns;                            (vi)  records relating to assistance   provided for learning difficulties, including information   collected regarding any intervention strategies used with the   child; and                            (vii)  any other health records or   health-related information under the Family Educational Rights and   Privacy Act of 1974 (20 U.S.C. Section 1232g);                      (C)  review health-related instructional   materials;                      (D)  remove the parent's child temporarily from a   class or other school activity that conflicts with the parent's   religious or moral beliefs;                      (E)  exempt the parent's child from   health-related screenings or evaluations conducted by a school;                      (F)  exempt the parent's child from immunization   requirements for medical reasons or reasons of conscience,   including a religious belief; and                      (G)  withhold consent for or decline   health-related services and treatment, including:                            (i)  psychiatric or psychological   examinations, tests, and treatment; and                            (ii)  the use of psychotropic medication as   defined by Section 266.001, Family Code;                (2)  include information on how to exercise parental   rights described by Subdivision (1); and                (3)  be:                      (A)  written in plain language;                      (B)  provided in English and Spanish;                      (C)  updated annually to reflect any relevant   change in applicable law; and                      (D)  made publicly available on the agency's   Internet website.          (c)  Before the first instructional day of each school year,   a school district or open-enrollment charter school shall, with   respect to the document created under Subsection (a):                (1)  post or update, as applicable, the document on the   district's or school's Internet website;                (2)  e-mail the document to the parent of each child   enrolled at the district or school;                (3)  include the document in any enrollment materials   provided to a child enrolled at the district or school; and                (4)  to the extent practicable, provide the document in   a parent's native language.          (d)  A school district or open-enrollment charter school   shall provide notice to the parent of each child enrolled at the   district or school of:                (1)  all health-related services offered at the   district or school campus the child attends, including mental   health counseling, health screenings, and vaccination clinics; and                (2)  a health screening or clinic not later than the   20th day before the date the screening or clinic is conducted at the   district or school.          (e)  The agency shall develop and require a school district   or open-enrollment charter school administrator, nurse, counselor,   teacher, and any other relevant staff to complete a training on the   parental rights described by Subsection (b).          (f)  The agency shall develop a complaint procedure under   which the agency shall:                (1)  require a school district or open-enrollment   charter school to report any complaints received concerning a   violation of this section;                (2)  address and investigate each complaint; and                (3)  inform the complainant of the agency's   determinations and findings, including any disciplinary action   taken.          (g)  If the commissioner determines that a school district or   open-enrollment charter school has violated this section, the   agency may:                (1)  withhold state money from the district or school   for the state fiscal year following the state fiscal year in which   the district or school violated this section;                (2)  assess an administrative penalty against the   district or school; and                (3)  take any other action the agency considers   necessary.          (h)  A school district or open-enrollment charter school   shall publish an annual report on the district's or school's   Internet website that describes the number of complaints reported   under Subsection (f).          (i)  The agency shall audit and periodically conduct site   visits of school districts and open-enrollment charter schools to   ensure compliance with this section.          (j)  The agency may collaborate with the Health and Human   Services Commission and Department of State Health Services as   necessary to implement this section.          (k)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  This Act takes effect immediately 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 immediate effect, this   Act takes effect September 1, 2025.