Senate Bill 12 Compliance
Prohibited DEI and Instruction Policies and Procedures
Notice: This webpage provides access to district policies and procedures adopted in compliance with Texas Education Code §§11.005, 28.0022, and 39.008.
Overview
Under Texas Education Code (TEC) §39.008, as established by Senate Bill (SB) 12 of the 89th Texas Legislature, school districts are required to adopt and implement policies that restate and comply with TEC §11.005 (Prohibition on Diversity, Equity, and Inclusion Duties) and 28.0022 (Certain Instructional Requirements and Prohibitions).
Under TEC §11.005, Eagle Mountain-Saginaw Independent School District (EMS ISD) is prohibited from assigning diversity, equity, and inclusion duties to any person. District employees, contractors, and volunteers are also prohibited from engaging in diversity, equity, and inclusion duties at, for, or on behalf of the district. EMS ISD has adopted policies and procedures for appropriate discipline, including termination, for individuals who intentionally or knowingly engage in or assign such duties.
Under TEC §28.0022, EMS ISD employees and contractors are prohibited from providing instruction or activities related to certain controversial topics and are subject to additional instructional requirements and prohibitions established by law.
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Policy |
Relevancy |
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BJCF (LOCAL) - |
Engaging or assigning DEI duties, as well as instructional activities prohibited by law, were included in the list of reasons the superintendent’s contract may be nonrenewed. |
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BT (LEGAL) - |
This new legal framework addresses SB 12’s prohibition on DEI activities. Definitions and prohibited activities and certification requirements are included. |
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CJ (LEGAL) & (LOCAL) - |
Adopted new provisions reflect that contractors may not engage in or assign instructional activities prohibited by law or DEI duties under SB 12. Violations will result in termination of the contract. |
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DF (LEGAL) - |
The legal framework was revised to address the prohibition on DEI and prohibited classroom instruction |
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DFBB (LOCAL) - |
Engaging or assigning DEI duties, as well as, instructional activities prohibited by law, were included in the list of reasons a term contract employee may be nonrenewed.in |
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DH (LOCAL) - |
Sections on Prohibited Classroom Instruction or Activities and Prohibited Diversity, Equity, and Inclusion Duties were added. |
Related Policy of Program Changes
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Policy |
Relevancy |
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BJA (LEGAL) - |
The legal framework was updated to include information regarding the required certifications to TEA. |
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BT (LEGAL) - |
This new legal framework addresses SB 12's prohibition on DEI activities. Definitions and prohibited activities and certification requirements are included. |
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CDC (LEGAL) - |
A district may not accept private funding for the purpose of developing a curriculum, purchasing or selecting curriculum materials, or providing teacher training or professional development related to a concept listed in Education Code 28.0022(a)(4)(A). |
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CJ (Legal) and CJ (Local)- Contracted Services |
Adopted new provisions reflect that contractors may not engage in or assign instructional activities prohibited by law or DEI duties under SB 12. Violations will result in termination of the contract. |
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CMD (Legal) - |
In providing instructional materials for each subject in the required curriculum and each grade level, the district protects students from obscene or harmful content as necessary for compliance with Education Code 28.0022. |
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CQA (Legal)- |
The list of required website postings was up dated to reflect that a district must post notice at least seven days before the date on which a meeting is held to discuss the certification of compliance with Education Code 11.005 and 28.0022. |
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DG (Legal) - |
Teachers may not be compelled to discuss a widely debated and currently controversial issue of public policy or social affairs and may not be subject to discipline for an allegation that they did so if they are using SBOE- approved instructional materials and teaching with fidelity. |
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EMB (Legal) - |
The legal framework at this code was updated with the information from Education Code 28.0022. |
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FOA (Legal) - |
A teacher may not remove a student from class based on a single incident of behavior if the student is reasonably discussing certain debated and controversial topics, subject to Education Code 28.0022. |
Other Supporting Documents and Information
SB 12 Annual Employee Notification and Acknowledgment of Receipt
Questions?
If you have any questions about these laws, policies or procedures, please submit a question through Let’s Talk.

