The Impact of SB 12 on SEL Practices

Senate Bill (SB) 12, also known as the Parental Bill of Rights, was passed by the 89th Legislature and significantly expands parents’ rights in public education by establishing that parents have the fundamental right to direct their child’s education, moral and religious training, and medical treatment.  

Several aspects of the bill have left many educators wondering what they can and can’t do when instructing and interacting with their students— especially in the context of Texas Education Code provisions related to managing emotions, building healthy relationships, and developing decision-making skills.

Texas law mandates that each school district offer required mental health curriculum, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making. Texas’ SEL framework focuses on five key components: self-awareness, self-management, social awareness, relationship skills, and responsible decision-making.

While not an explicit ban on SEL, SB 12 introduces several restrictions potentially affecting SEL implementation:

• DEI ban: SB 12 prohibits school districts from assigning or promoting diversity, equity, and inclusion (DEI) duties or requiring DEI statements. Some educators may feel that prohibiting DEI practices in public schools makes it difficult to create inclusive environments crucial for SEL.
• Instruction on sexual orientation and gender identity: School districts and charter schools are prohibited from providing instruction, guidance, activities, or programming regarding sexual orientation or gender identity to students enrolled in prekindergarten through 12th grade.
• Social transitioning: School district employees are prohibited from assisting students with “social transitioning,” defined as changing their name, pronouns, or other expressions of gender that deny their biological sex.
• Parental consent: Written parental consent is required for instruction on human sexuality and certain health services, including some mental health and SEL activities such as counseling or group support.
• Student clubs: SB 12 prohibits school sponsorship of student clubs based on sexual orientation or gender identity, such as PFLAG or Gay-Straight Alliance clubs. 

Educators attempting to reconcile required SEL competencies with SB 12 face a difficult task, with some well-meaning practices now viewed as potential legal violations. The biggest question is how these changes translate into everyday decisions. The provision requiring written consent applies to any activity that collects information about a student’s emotional well-being, mental health, or participation in social emotional (SEL) learning activities. This isn’t just about formal surveys or technology-based tools; the law also applies to informal classroom practices, such as daily “mood meters” or “check-ins” where students may pick an emoji, color, or animal to represent their feelings, as well as quick surveys about student stress levels. Unlike the one-time permissions for use of technology apps and media, SB 12 requires that written parental consent be given each time an activity is conducted.

The law does allow educators to verbally ask questions about general well-being, such as greeting students at the door and asking, “How’s your morning going?” However, there are certain areas lacking clarity when one considers group settings such as class meetings or community circles. If students are asked to share their feelings in a structured way, is that considered “collecting data”?

As with any new law, there is uncertainty as to SB 12’s ultimate impact. Some aspects of the bill may eventually be challenged or overturned through litigation, and districts may interpret and implement the new requirements differently.  

But in the meantime, educators should follow the requirements and prohibitions of SB 12 to avoid negative employment action or parent complaints.  Hopefully your district has provided thorough training on SB 12 and relayed any specific district expectations relating to the new requirements and prohibitions.  Educators should refer to district policies and are encouraged to seek guidance from their administration when uncertainties arise.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.