Learning pods and related facilities are exempt from certain local rules, and school districts/local entities cannot inspect, investigate, visit, require registration, require reporting, or discriminate based on participation.
Sec. 27.002. EXEMPTION FROM LOCAL GOVERNMENT REGULATIONS. (a) Notwithstanding other law: (1) a learning pod is exempt from any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility, including any requirements regarding staff-to-child ratios, staff certification, background checks, physical accommodations, or building or fire codes; and (2) any group, building, or facility associated with or used by a learning pod is exempt from any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that would not apply to the group, building, or facility if it was not associated with or used by a learning pod. (b) An employee, contractor, or agent of a school district or other local governmental entity may not initiate or conduct a site inspection of, investigation of, or visit to a location in which a learning pod meets if the district or entity would not have initiated or conducted the inspection, investigation, or visit if the learning pod did not meet at that location. (c) A school district may not take action against, deny any benefit to, discriminate in any manner against, or otherwise distinguish any child or child's parent on the basis of the child's participation in a learning pod. (d) A school district or other local governmental entity may not require: (1) a learning pod to be registered with the district or entity; or (2) a person participating in a learning pod to report to the district or entity information regarding the learning pod's existence or operation. (e) This section may not be construed to alter or affect: (1) a parent's right to choose a home-school setting for the parent's child; or (2) the regulation of a child-care facility. Added by Acts 2021, 87th Leg., R.S., Ch. 442 (S.B. 1955), Sec. 2, eff. June 8, 2021.