Texas’ new law against diversity, equity and inclusion in K-12 public schools makes major changes to school district policies and activities referencing race, ethnicity, color and gender and sexuality. Senate Bill 12 introduces new requirements for student clubs and school district activities, including parent consent. And it requires state oversight of district compliance with state policies. The law also imposes new restrictions on how educators can offer safe and supportive spaces for students based on their gender identity.

What are the Main Components of SB 12?

• Applies major restrictions on diversity, equity and inclusion policies, procedures, activities, trainings, programs and duties to K-12 schools (ISDs and charters).
• Requires a facilities usage report annually for instructional buildings.
• Requires school compliance with all adopted laws and policies.
• Reiterates parents’ ability and rights to choose the educational setting for their child and overall medical, psychiatric and other assessments of their child’s well-being.
• School districts must inform parents of their right to withhold consent for specific educational practices.
• Introduces “Don’t Say Gay” requirements for educators. K-12 public and charter schools cannot provide instruction, programming, or guidance regarding sexual orientation or gender identity.
• Bans school-sponsored clubs related to gender identity or sexual orientation.
• Includes “social transitioning” prohibitions, restricting teachers from affirming students’ gender identity or expressive preferences, subject to being reported to the commissioner of education.
• Requires that public schools certify their compliance with the restrictions against diversity, equity and inclusion and classroom censorship laws (including those passed in 2021) locally and to TEA each year.

What is Carved Out from the New Restrictions?

• District contracts with HUBs, minority-owned or women-owned businesses.
• Celebrations of holidays or months in accordance with the TEKS.
• Student rights under the First Amendment.
• Educational practices or policies that address student achievement gaps according to the state accountability system.
• Classroom instruction aligned with the TEKS.
• Data collection, monitoring and reporting.
• A policy, practice, procedure, program or activity intended to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color or ethnicity.
• A student club, except for GSAs and other clubs related to gender identity or sexual orientation.

What Schools Can Do

Teach students an accurate and enriching curriculum

SB 12 does not make new curricular changes, so schools can still offer SBOE-approved courses according to state standards. This includes ethnic studies courses like Mexican American Studies, African American Studies and the newly adopted American Indian/Native Studies courses. Schools can also still partner with organizations that provide students with enrichment and leadership opportunities, with some limitations.

Adopt policies committed to excellent education for all students

All schools should be committed to the academic success of every child. This can require targeted programs, interventions and supports based on students’ academic and other educational needs. School districts and educators should continue to collect and report disaggregated data and use evidence-based methods to educate and support all students based on their individual learning needs. This may include tutoring, individual instruction and support, leadership programs and other enrichment opportunities.

Develop strong family engagement practices

SB 12 contains various provisions oriented toward parent rights and engagement in schools. School districts can ensure they are using strong, evidence-based, and time-proven family engagement practices in their parent engagement policies, outreach, and protocols. Apart from the requirements for parent consent and holding district meetings, strong family engagement practices should include all district parents regardless of race, ethnicity, language or ability status. Districts should also emphasize building strong relationships among parents, educators and students to meet the shared goal of improving all students’ academic success.

Resources

IDRA Family Engagement – Online Technical Assistance Toolkit – Designed to provide educators tools for embracing what, for many, is a new vision for engaging with families and community members. It includes five chapters, each with a video and supporting resources. https://idra.news/webFamEngage

IDRA SEEN School Resource Hub – https://idraseen.org/hub/

IDRA Cultural and Ethnic Studies – https://www.idra.org/services/cultural-and-ethnic-studies/

Sign up for updates from IDRA – https://idra.news/support