By: Toth H.B. No. 178       A BILL TO BE ENTITLED   AN ACT   relating to curriculum, materials, and activities in public   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 26, Education Code, is amended by adding   Section 26.0061 to read as follows:          Sec. 26.0061.  REQUIRED DISCLOSURE REGARDING TEACHING   MATERIALS AND ACTIVITIES. (a)  In this section:                (1)  "Activity" includes a presentation, assembly,   lecture, or other event facilitated by a school district or   open-enrollment charter school, other than a student presentation.                (2)  "Teaching material" includes:                      (A)  instructional material, as that term is   defined by Section 31.002;                      (B)  teaching aids; and                      (C)  any other material a student is given the   option to select for the student's instruction.          (b)  Subject to Subsection (g), not later than the fifth day   of each month, each school district and open-enrollment charter   school shall make available to the public on the district's or   school's Internet website:                (1)  a list disaggregated by subject area and grade   level that states all information, including the title, author,   organization, or Internet website, as applicable, necessary to   identify a teaching material or activity that was assigned,   distributed, or otherwise presented to the district's or school's   students during the preceding month in:                      (A)  a course for which students receive academic   credit; or                      (B)  an educational event that the district or   school requires students to attend or in which a majority of   students participate;                (2)  the district's or school's procedures for   documenting, reviewing, or approving a material or activity   described by Subdivision (1); and                (3)  any changes made in the preceding month to the   procedures described by Subdivision (2).          (c)  For purposes of Subsection (b)(1), a school district or   open-enrollment charter school is not required to list the   individual components of teaching materials produced as a single   volume except that for a volume that contains works by multiple   authors, the district or school shall include in the list under that   subsection:                (1)  a table of contents for the volume; or                (2)  a link to an Internet website that discloses the   title and author of each work included in the volume.          (d)  Information posted to a school district's or   open-enrollment charter school's Internet website under Subsection   (b) must be maintained on the website for not less than one year.          (e)  A school district or open-enrollment charter school may   use collaborative online document or spreadsheet software to   prepare or post on the district's or school's Internet website the   information required under Subsection (b).          (f)  This section does not require a school district or   open-enrollment charter school to reproduce a material or activity   described by Subsection (b)(1).          (g)  This section does not apply to:                (1)  a school district or open-enrollment charter   school with a student enrollment of less than 300 students; or                (2)  a material or activity described by Subsection   (b)(1) that is selected independently by teachers employed at a   campus with a student enrollment of less than 50 students for use   only at that campus.          SECTION 2.  Sections 28.002(h-3), (h-4), and (h-5),   Education Code, as effective September 1, 2021, are redesignated as   Section 28.0022, Education Code, and amended to read as follows:          Sec. 28.0022.  CERTAIN INSTRUCTIONAL REQUIREMENTS AND   PROHIBITIONS. (a) [(h-3)]  For any [social studies] course for a   grade level from kindergarten through grade 12 [in the required   curriculum]:                (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 discusses a current event or   widely debated and currently controversial issue of public policy   or social affairs [chooses to discuss a topic described by   Subdivision (1)] shall, to the best of the teacher's ability,   strive to explore the topic from diverse and contending   perspectives without giving deference to any one perspective;                (2) [(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)  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                      (B)  participation in any internship, practicum,   or similar activity involving social or public policy advocacy;   [and]                (3) [(4)]  a teacher, administrator, or other employee   of a state agency, school district, or open-enrollment charter   school may not[:                      (A)  be required to engage in training,   orientation, or therapy that presents any form of race or sex   stereotyping or blame on the basis of race or sex;]                      [(B)]  require or make part of a course [the]   concepts [concept] that serve to inculcate that:                      (A) [(i)]  one race or sex is inherently superior   to another race or sex;                      (B) [(ii)]  an individual, by virtue of the   individual's race or sex, is inherently racist, sexist, or   oppressive, whether consciously or unconsciously;                      (C) [(iii)]  an individual should be   discriminated against or receive adverse treatment solely or partly   because of the individual's race;                      (D) [(iv)]  members of one race or sex cannot and   should not attempt to treat others without respect to race [or sex];                      (E) [(v)]  an individual's moral character,   standing, or worth is necessarily determined by the individual's   race [or sex];                      (F) [(vi)]  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;                      (G) [(vii)]  an individual should feel   discomfort, guilt, anguish, or any other form of psychological   distress on account of the individual's race or sex;                      (H) [(viii)]  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;                      (I) [(ix)]  the advent of slavery in the territory   that is now the United States constituted the true founding of the   United States; or                      (J) [(x)]  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; and                      [(C)  require an understanding of The 1619   Project.]                (4)  a teacher, administrator, or other employee of a   state agency, school district, or open-enrollment charter school   may not teach, instruct, or train any administrator, teacher, or   other employee of a state agency, school district or   open-enrollment charter school any of the concepts described by   Subsection (a)(3).          (b) [(h-4)]  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)(3) [(h-3)(3)].          (c) [(h-5)]  A school district or open-enrollment charter   school may not implement, interpret, or enforce any rules or   student code of conduct in a manner that would result in the   punishment of a student for discussing, or have a chilling effect on   student discussion of, the concepts described by Subsection (a)(3)   [(h-3)(4)].          SECTION 3.  Section 28.002(h-2), Education Code, as added by   H.B. 3979, Acts of the 87th Legislature, Regular Session, 2021, as   effective September 1, 2021, is repealed.          SECTION 4.  This Act applies beginning with the 2021-2022   school year.          SECTION 5.  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 6.  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 on the 91st day after the last day of the   legislative session.