Districts Must Complete SB 12 Compliance Certification by Sept. 30
School districts have an important deadline approaching to satisfy parental rights provisions under Senate Bill 12.
Passed during the 89th Legislative Session, SB 12 addressed parental rights in public education and requires certification of compliance with provisions of the Education Code regarding (1) instruction on controversial issues and (2) diversity, equity, and inclusion (DEI) duties.
The superintendent of a school district needs to certify to the Texas Education Agency about the district’s compliance with Education Code 11.005 (prohibition on DEI duties) and Education Code 28.0022 (instructional requirements and prohibitions) by Sept. 30.
The certification can be submitted electronically. TEA has issued a To the Administrator Addressed (TAA) Correspondence on this topic and issued an update to that guidance with another TAA on Aug. 6. TEA has also provided a compliance certification template to use to make the required submission. The AskTED portal is now available for the submission.
The certification requires districts to identify the policies and procedures required by Texas Education Code 11.005(c) and 28.0022(h) and to describe how employees and contractors were notified of these policies and procedures as well as existing policies, programs, procedures, or trainings that were altered to ensure compliance with Sections 11.005 or 28.0022.
TASB Policy Service issued a Policy Alert on May 28 with more information about the policies and other documents that may be relevant to certification that districts should carefully review. It can be accessed by logging in to Policy Online® under the title Senate Bill 12 Compliance Certification.
Districts must ensure the requisite policies are adopted and provided to district staff and contractors and that the board has approved the certification by the Sept. 30 deadline. The compliance certification also requires the district to describe how employees and contractors were notified of these policies and procedures.
Finally, the board must consider this certification at a board meeting in time for the district to provide the certification document to TEA. Section 5 of the certification template requires districts to provide specific information about the board meeting where this matter was considered. Pursuant to Education Code 39.008, the annual certification must be approved by a majority vote of the board of trustees or governing body at a public meeting that includes an opportunity for public testimony. Notice for this meeting must be posted on the school district’s website at least seven calendar days before the date of the meeting.
If you have questions, please contact TASB Legal Services at 800-580-5345 or your policy consultant for assistance.
