Parents have stated rights over their child's moral and religious training, education decisions, and consent to certain treatment, and school authorities must not restrict those rights or withhold information except as allowed by other law.
Sec. 26.001. PURPOSE. (a) As provided under Section 151.001, Family Code, a parent has the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the child without obstruction or interference from this state, any political subdivision of this state, a school district or open-enrollment charter school, or any other governmental entity. (a-1) Parents are partners with educators, administrators, and school district boards of trustees in their children's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children. (b) The rights listed in this chapter are not exclusive. This chapter does not limit a parent's rights under other law. (c) Unless otherwise provided by law, a board of trustees, administrator, educator, or other person shall comply with Section 1.009 and may not limit parental rights or withhold information from a parent regarding the parent's child. (c-1) A school district may not be considered to have withheld information from a parent regarding the parent's child if the district's actions are in accordance with other law, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). (d) Each board of trustees shall: (1) provide for procedures to consider complaints that a parent's right has been denied; (2) develop a plan for parental participation in the district to improve parent and teacher cooperation, including in the areas of homework, school attendance, and discipline; (3) cooperate in the establishment of ongoing operations of at least one parent-teacher organization at each school in the district to promote parental involvement in school activities; and (4) provide to a parent of a child on the child's enrollment in the district for the first time and to the parent of each child enrolled in the district at the beginning of each school year information about parental rights and options, including the right to withhold consent for or exempt the parent's child from certain activities and instruction, that addresses the parent's rights and options concerning: (A) the child's course of study and supplemental services; (B) instructional materials and library materials; (C) health education instruction under Section 28.004; (D) instruction regarding sexual orientation and gender identity under Section 28.0043; (E) school options, including virtual and remote schooling options; (F) immunizations under Section 38.001; (G) gifted and talented programs; (H) promotion, retention, and graduation policies; (I) grade, class rank, and attendance information; (J) state standards and requirements; (K) data collection practices; (L) health care services, including notice and consent under Section 26.0083(g); (M) the grievance procedure under Section 26.011; and (N) special education and bilingual education and special language programs. (e) The agency shall develop a form for use by school districts in providing information about parental rights and options under Subsection (d)(4). Each school district shall post the form in a prominent location on the district's Internet website. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12), Sec. 11, eff. September 1, 2025.