Texas Education Code

§ 1.009 — INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED

ED § 1.009Title 1. GENERAL PROVISIONS · Ch. 1. GENERAL PROVISIONS

Statute text

The fundamental rights granted to parents by their Creator and upheld by the United States Constitution, the Texas Constitution, and the laws of this state, including 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 parent's child under Section 151.001, Family Code, may not be infringed on by any public elementary or secondary school or state governmental entity, including the state or a political subdivision of the state, unless the infringement is:

(1)necessary to further a compelling state interest, such as providing life-saving care to a child; and

(2)narrowly tailored using the least restrictive means to achieve that compelling state interest.

Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12), Sec. 1, eff. September 1, 2025.