This update to Conroe ISD's EMB (Local) policy on Teaching About Controversial Issues significantly expands the policy by replacing "teachers" with the broader term "Subject Persons" (defined to include employees, volunteers, and contractors), and adds numerous new sections aligned with S.B. 12 (89th Texas Legislature) covering holidays/commemorative months, human sexuality instruction with parental consent requirements, pornographic material prohibition, diversity/equity/inclusion restrictions, gender identity and sexual orientation prohibitions, social transitioning, pronoun usage, prohibited terms, and new discipline and superintendent authority provisions.
Legal Compliance Details Mixed
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Subject Person Definition — expansion to include volunteers, contractors, vendors, and other individuals who directly interact with students Locally DiscretionaryVerified via: verbatim statute text
Local additions: The district's prior policy already contained a Subject Persons definition. This revision expands it to explicitly enumerate contractors, vendors, and other individuals who directly interact with students. No statute in the analysis requires or expressly authorizes this specific scope of definition. This is a local drafting and scope decision.
Replacing 'Teachers' with 'Subject Persons' throughout existing policy sections Locally DiscretionaryVerified via: verbatim statute text
Local additions: The substitution of 'Subject Persons' for 'Teachers' throughout existing policy provisions is a local drafting choice to broaden the scope of coverage. No statute in the analysis requires or authorizes this terminology change.
Holidays or Commemorative Months — permissive acknowledgment conditioned on proclamation/legislative origin and TEKS alignment Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) (Acts 2025, 89th Leg., R.S., Ch. 1125) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex. (Judge Eskridge); preliminary injunction granted Feb. 20, 2026 as to Sections 3, 7, 24, and 27 of S.B. 12 in Houston ISD, Katy ISD, and Plano ISD only; Conroe ISD not enjoined; ongoing litigation seeks statewide injunction
Local additions: Per the Grounding Rule, absent a verbatim supporting quote in the statute analysis, classified as Locally Discretionary. The two-condition structure (proclamation/legislative origin plus TEKS alignment) and the permissive 'may acknowledge or teach' framing are local implementation choices.
Certain Instructional Requirements and Prohibitions — existing CRT/race-sex stereotyping prohibitions expanded with new items (guidance/activities language, expanded emotional harm language, anti-American sentiments prohibition, CRT/SDI definition, private funding prohibition) Locally DiscretionaryStatutory basis: H.B. 3979, 87th Tex. Leg., R.S. (2021); S.B. 12, 89th Tex. Leg., R.S. (2025) — both claimed but neither provides a supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction granted Feb. 20, 2026 as to Sections 3, 7, 24, and 27 of S.B. 12 in Houston ISD, Katy ISD, and Plano ISD; Conroe ISD not enjoined
Local additions: The additions of 'provide guidance or activities, discuss, require an understanding' to the prohibition list; expansion of emotional harm language to 'discomfort, anguish, or guilt, or any other form of psychological distress'; new item i prohibiting 'unpatriotic or anti-American sentiments'; the definition of Critical Race Theory and Systemic Discrimination Ideologies; and the prohibition on private funding for curriculum development are all locally constructed expansions. Per the Grounding Rule, no verbatim statutory quote exists in the statute analysis to elevate any of these to Required by Law.
Student Lobbying for Course Credit — prohibition on requiring, grading, or crediting student lobbying, political activism, and social/public policy advocacy Locally DiscretionaryStatutory basis: H.B. 3979, 87th Tex. Leg., R.S. (2021) (codified in TEC) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Local additions: Per the Grounding Rule, absent a verbatim supporting quote confirming mandatory statutory language in the statute analysis, classified as Locally Discretionary. The district incorporated language that may track H.B. 3979, but the record does not supply the required verbatim quote to establish legal compulsion.
Human Sexuality Instruction — written parental consent required before any human sexuality instruction may be provided Required by LawStatutory basis: TEC §28.004(i-2) as enacted/re-enacted by S.B. 12 (89th Leg., R.S.)
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex. (Judge Eskridge); preliminary injunction granted Feb. 20, 2026 as to Sections 3, 7, 24, and 27 of S.B. 12 in Houston ISD, Katy ISD, and Plano ISD. TEC §28.004(i-2) human sexuality consent provision was not identified among the enjoined sections. Conroe ISD is not an enjoined district. Required by statute, though enforcement of related S.B. 12 provisions is subject to ongoing litigation as of April 7, 2026.
Local additions: None for the core written consent requirement itself.
Human Sexuality Instruction — consent notice timing: policy states 30 days; statute requires 14 days MixedStatutory basis: TEC §28.004(i-2) as enacted/re-enacted by S.B. 12 (89th Leg., R.S.)
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined. Required by statute as to the 14-day minimum, though enforcement of related S.B. 12 provisions is subject to ongoing litigation as of April 7, 2026.
Local additions: CRITICAL DISCREPANCY: The statute mandates notice no later than the 14th day before instruction begins. The policy states 'not later than the 30th day.' The 14-day floor is Required by Law. The extension to 30 days exceeds the statutory minimum and is a Locally Discretionary addition. This element is Mixed: the 14-day minimum is legally compelled; the 30-day period is a local policy choice.
Human Sexuality Instruction — consent request may not be bundled with other notifications or consent requests, except the §28.004(i-1) notice Required by LawStatutory basis: TEC §28.004(i-2) as enacted/re-enacted by S.B. 12 (89th Leg., R.S.)
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined. Required by statute, though enforcement of related S.B. 12 provisions is subject to ongoing litigation as of April 7, 2026.
Local additions: None for this specific prohibition.
Human Sexuality Instruction — ten-item consent form content requirements (curriculum summary, outside speakers, dates, S.B. 12 statement, 30-day confirmation, right to review, right to withhold, right to revoke, checkboxes, administrator contact) Locally DiscretionaryVerified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined.
Local additions: All ten enumerated consent form content elements are entirely locally designed operational choices to implement the statutory consent requirement. No statute in the analysis mandates this specific content structure.
Pornographic Material Prohibition — composite definition of pornographic material referencing Penal Code §43.24, TEC §33.021, Health & Safety Code §443.001, Board of Education v. Pico, and other sources Locally DiscretionaryStatutory basis: Tex. Penal Code §43.24; TEC §33.021; Tex. Health & Safety Code §443.001 — cited but statute analysis lists no requirements, prohibitions, or permissions with supporting verbatim quotes for any of these entries
Verified via: verbatim statute text
Local additions: The district constructed a composite, multi-source definition by cross-referencing several statutory definitions. Per the Grounding Rule, the definition and the possession/acquisition/purchase prohibition are locally discretionary. The incorporation of Board of Education v. Pico as a definitional source is a local choice to incorporate federal case law not grounded in any statute analysis entry.
Pornographic Material Prohibition — prohibition on Subject Persons instructing or training others to teach, support, or promote pornographic material; prohibition on including pornographic material in instructional or library materials unless required by law or TEKS Locally DiscretionaryStatutory basis: None with supporting quote
Verified via: verbatim statute text
Local additions: These prohibitions are local policy extensions. No statute in the analysis provides a verbatim quote establishing either prohibition as a legal requirement.
Diversity, Equity, and Inclusion — six-part definition of DEI duties (items 1–6 including hiring influence, differential treatment, race/sex stereotyping training, policies referencing protected characteristics, equity audits, and DEI offices/positions) Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) (Acts 2025, 89th Leg., R.S., Ch. 1125); H.B. 3979, 87th Tex. Leg., R.S. (2021) — both claimed but neither provides a supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction granted Feb. 20, 2026 blocks the DEI Provision (Section 7 of S.B. 12) in Houston ISD, Katy ISD, and Plano ISD; Conroe ISD not enjoined. Required by statute as to Conroe ISD per enacted law, though enforcement subject to ongoing litigation as of April 7, 2026.
Local additions: Per the Grounding Rule, absent verbatim quotes in the statute analysis confirming mandatory language, classified as Locally Discretionary. Web search confirms S.B. 12 Section 7 and H.B. 3979 contain these provisions, but the statute analysis does not supply the required verbatim quotes.
Diversity, Equity, and Inclusion — Inclusion Statement prohibition: district may not compel, require, induce, or solicit any person to provide a DEI statement or give preferential consideration based on such a statement Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026 (Sections 3, 7, 24, 27); Conroe ISD not enjoined.
Local additions: Per the Grounding Rule, absent a verbatim supporting quote in the statute analysis, classified as Locally Discretionary.
Diversity, Equity, and Inclusion — Prohibition: district may not assign DEI duties to any person; shall prohibit employees, contractors, and volunteers from engaging in DEI duties at, for, or on behalf of the district Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026 blocks DEI Provision (Section 7) in Houston ISD, Katy ISD, and Plano ISD; Conroe ISD not enjoined.
Local additions: Per the Grounding Rule, classified as Locally Discretionary. Web search confirms S.B. 12 Section 7 contains this prohibition, but the statute analysis does not supply the required verbatim quote.
Diversity, Equity, and Inclusion — Contracting Clarification savings clause for historically underutilized businesses and minority/women-owned businesses Locally DiscretionaryVerified via: verbatim statute text
Local additions: This is a locally chosen savings clause clarifying that HUB contracting is unaffected by the DEI prohibitions. No statute in the analysis requires or expressly authorizes this specific carve-out language in a local policy.
Gender Identity and Sexual Orientation — prohibition on Subject Persons providing instruction, guidance, activities, or programming regarding sexual orientation or gender identity to students PreK–12 Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction granted Feb. 20, 2026 blocks the LGBT Curriculum Provision (Section 3 of S.B. 12) in Houston ISD, Katy ISD, and Plano ISD; Conroe ISD not enjoined. Web search confirms S.B. 12 Section 3 contains this prohibition, but the statute analysis does not supply the required verbatim quote.
Local additions: Per the Grounding Rule, absent a verbatim supporting quote in the statute analysis, classified as Locally Discretionary.
Gender Identity and Sexual Orientation — prohibition on use of district resources, funds, property, or personnel to adopt, support, or promote gender identity or sexual orientation Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined.
Local additions: Per the Grounding Rule, classified as Locally Discretionary. The extension of the prohibition to 'District resource, funds, property, or personnel' is a local operational choice beyond any verified statutory mandate in the record.
Gender Identity and Sexual Orientation — three savings clauses (First Amendment student speech; mental/physical health services with parental consent; single-sex organizations without political/social agenda) Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined.
Local additions: These locally incorporated carve-outs may track S.B. 12 language, but the statute analysis provides no verbatim quote. Per the Grounding Rule, classified as Locally Discretionary.
Social Transitioning — definition of social transitioning and prohibition on Subject Persons assisting a student with social transitioning including providing information or guidelines Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction granted Feb. 20, 2026 blocks the Social Transition Provision (Section 24 of S.B. 12) in Houston ISD, Katy ISD, and Plano ISD; Conroe ISD not enjoined. Web search confirms S.B. 12 Section 24 contains this prohibition, but the statute analysis does not supply the required verbatim quote.
Local additions: Per the Grounding Rule, absent a verbatim supporting quote in the statute analysis confirming mandatory language, classified as Locally Discretionary.
Pronoun Usage — district shall prohibit use of pronoun identifiers inconsistent with biological sex of students or Subject Persons as listed on official records Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction granted Feb. 20, 2026 (Sections 3, 7, 24, 27); Conroe ISD not enjoined.
Local additions: Per the Grounding Rule, classified as Locally Discretionary. The update from prior permissive language ('will not promote, require or encourage') to mandatory language ('shall prohibit') is a local drafting choice to strengthen enforcement beyond any verified statutory mandate in the record.
Prohibited Terms — ban on use of 'Latinx'; required use of 'pedophile' instead of 'minor-attracted person'; characterization of pedophilia as abhorrent crime in instructional materials Locally DiscretionaryVerified via: verbatim statute text
Local additions: Neither prohibited term restriction is grounded in any statute cited in the statute analysis. Both are entirely local policy choices made by the board with no statutory compulsion or express statutory authorization identified in the record.
Student First Amendment Rights — savings clause stating policy may not be construed to affect student First Amendment or Texas Constitution Art. I §8 rights Locally DiscretionaryStatutory basis: None — First Amendment and Tex. Const. Art. I §8 are self-executing constitutional provisions, not statutes in the statute analysis
Verified via: verbatim statute text
Local additions: Inclusion of an explicit constitutional savings clause in a local policy is a local drafting decision. The constitutional rights are not created by board action; the clause acknowledges them. Locally Discretionary as a policy element.
Student or Parent Concerns — social transitioning-specific mandatory board reporting to TEA Commissioner upon finding that a district employee assisted a student with social transitioning Locally DiscretionaryStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — claimed but no supporting quote in statute analysis
Verified via: verbatim statute text
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined.
Local additions: Per the Grounding Rule, classified as Locally Discretionary. The board reporting obligation to the Commissioner may track S.B. 12 language, but the statute analysis provides no verbatim quote confirming the mandatory requirement.
Student or Parent Concerns — referral of all other grievances to complaint policies DGBA (Local), FNG (Local), and GF (Local) Locally DiscretionaryVerified via: verbatim statute text
Local additions: Directing grievances to specific local complaint policies is an entirely local procedural decision. No statute in the analysis requires this specific routing.
Discipline for Violations — district employee knowing violations are cause for discipline including termination; Superintendent or designee may immediately terminate or remove non-employee Subject Persons Locally DiscretionaryStatutory basis: None — cross-references DFAA, DFBA, DFCA, and CH Local for procedures
Verified via: verbatim statute text
Local additions: The Discipline for Violations section is entirely locally constructed. While the district has general TEC authority to discipline employees, no statute in the analysis requires this specific policy provision or mandates the discipline structure chosen. The Superintendent's authority to immediately terminate non-employee Subject Persons is a local governance decision.
Policy Distribution — district shall make a copy of this policy available to all Subject Persons Locally DiscretionaryVerified via: verbatim statute text
Local additions: No statute in the analysis requires distribution of this specific local policy to Subject Persons. This is a local implementation and notice decision.
Superintendent Authority — Superintendent shall develop procedures to ensure compliance; shall certify compliance to Board not later than February 1, 2026 MixedStatutory basis: S.B. 12, 89th Tex. Leg., R.S. (2025) — compliance certification referenced; no supporting quote in statute analysis
Verified via: web search confirmed
Litigation: Active — GSA Network et al. v. Morath, S.D. Tex.; preliminary injunction Feb. 20, 2026; Conroe ISD not enjoined. Web search confirms S.B. 12 mandates annual superintendent compliance certification, but the statute analysis does not supply the required verbatim quote.
Local additions: The February 1, 2026 certification deadline may track S.B. 12's statutory deadline, but per the Grounding Rule the statute analysis provides no verbatim quote to establish legal compulsion. The Superintendent's authority to develop internal compliance procedures is a locally discretionary operational choice in any event. Element is Mixed: certification obligation is likely Required by Law per enacted statute but is unverified under the Grounding Rule as applied to this record; the procedure-development authority is Locally Discretionary.