The 88th Legislature in 2023 and the 89th Legislature in 2025 reshaped a large part of Texas public school life, and most of the new Texas school laws took effect with the 2025–26 school year. The changes touch student cell phones, discipline for vaping and THC, armed officers on every campus, a first-of-its-kind education savings account program, fentanyl instruction, parental notification, library content, school chaplains, and hair-discrimination protections.1Texas Education Agency. 89th Legislature Updates Here is what each one actually requires.
Cell Phones Are Off and Out of Sight All Day
House Bill 1481, from the 89th Legislature, requires every school district to prohibit students from using personal communication devices during the school day. That includes passing periods, lunch, and recess. The definition is deliberately broad: cell phones, tablets, smartwatches, gaming devices, wireless earbuds, and anything else that sends or receives data.1Texas Education Agency. 89th Legislature Updates
Students can still bring a device to campus, but it must be off and stored out of sight. Two exceptions apply. A student with a documented medical need signed by a physician can keep a device accessible, and so can a student whose IEP or Section 504 plan includes assistive technology. The requirement began with the 2025–26 school year.
Automatic DAEP for Vaping, Marijuana, and THC
House Bill 114, from the 88th Legislature, changed how campuses respond to drug incidents. Under the amended Section 37.006 of the Education Code, a student must be removed from class and placed in a Disciplinary Alternative Education Program if, on campus, within 300 feet of school property, or at any school-sponsored event, the student:2LegiScan. Texas HB 114 – 88th Legislature – Enrolled
- Possesses, uses, is under the influence of, sells, or gives away marijuana or a THC product, or
- Possesses, uses, sells, or gives away an e-cigarette.
Before HB 114, administrators had room to handle these situations with on-campus consequences. That discretion is gone. A student sent to a DAEP still earns credit for coursework and receives a plan for returning to the regular classroom, including academic support and behavioral counseling.
Students With Disabilities
The mandatory placement rule does not override federal protections. Under the Individuals with Disabilities Education Act, any placement change for a student with an IEP triggers a manifestation determination review within 10 school days. The IEP team and parents review whether the conduct was caused by or substantially related to the disability, or whether the school failed to implement the IEP. If the behavior is a manifestation of the disability, the team must conduct a functional behavioral assessment and develop or update a behavioral intervention plan instead of moving the student to a DAEP.3Individuals with Disabilities Education Act. IDEA Section 1415(k)(1) – Authority of School Personnel The 89th Legislature also requires threat assessment teams to include someone with specific knowledge of a student’s disability when the student is in a special education program.4Texas Education Agency. School Safety 89th Legislative Updates
An Armed Officer on Every Campus
House Bill 3 from the 88th Legislature added Section 37.0814 to the Education Code, requiring every district to have at least one armed security officer present during regular school hours at each campus. The board of trustees sets the number, but one is the floor.5State of Texas. Texas Education Code 37.0814 – Armed Security Officer Required
After the 89th Legislature’s amendments, the officer must fall into one of these categories: a school district peace officer, a school resource officer, a commissioned peace officer employed as security personnel, a reserve deputy sheriff or reserve police officer with active peace-officer status, or an honorably retired peace officer who has kept their commission current and completed the required training. The reserve and retired-officer options were added to help districts fill positions that had been hard to staff.5State of Texas. Texas Education Code 37.0814 – Armed Security Officer Required
A district that cannot fill the position because of funding or a shortage of qualified personnel may claim a good cause exception. The board must then adopt an alternative standard, which can include appointing a school marshal or authorizing a trained district employee to carry a handgun on campus. That employee must complete designated school-safety and firearms training, either from a certified instructor or through a combination of active-shooter response, crisis intervention, first aid, and mental health training.5State of Texas. Texas Education Code 37.0814 – Armed Security Officer Required HB 121 from the 89th Legislature now requires districts to review and renew a good cause exception every year, so it cannot become permanent.4Texas Education Agency. School Safety 89th Legislative Updates
The 88th Legislature funded these requirements with a safety allotment of $15,000 per campus plus $10 per student in average daily attendance. House Bill 2, from the 89th session, more than doubled that to $33,540 per eligible campus and $20 per student in average daily attendance, with an added bump tied to increases in the state’s basic allotment. House Bill 33 separately requires each campus to have at least one breaching tool and one ballistic shield on-site, and those items can be purchased with safety-allotment funds.4Texas Education Agency. School Safety 89th Legislative Updates
Education Savings Accounts
Senate Bill 2, effective September 1, 2025, created Texas’s first education savings account program. Eligible families can receive public funds directed toward private school tuition and other approved educational expenses.6Texas Legislature Online. History for 89(R) SB 2 The law contains provisions for children with disabilities, and TEA is still implementing the full eligibility rules and funding amounts. Families weighing private or alternative options should watch TEA guidance as the program takes shape.
Fentanyl Instruction Under Tucker’s Law
House Bill 3908, known as Tucker’s Law, requires every school district and open-enrollment charter school to provide at least 10 hours per year of research-based instruction on fentanyl abuse prevention and drug poisoning awareness for students in grades 6 through 12.7Texas Legislature Online. Texas House Bill 3908 – 88(R) The curriculum covers the dangers of synthetic opioids, particularly fentanyl pills disguised as other medications, and teaches students to recognize overdose signs. Each district’s school health advisory council now recommends the grade levels and materials to the local board.8Texas Education Agency. Implementation of Fentanyl-Related Legislation
New Parental Rights Disclosures
Several 89th Legislature bills expanded what schools must tell parents. Senate Bill 12 requires districts to give parents a standardized rights-and-options form covering topics like health-related services and changes in student programming, and districts must certify annual compliance. Senate Bill 204 directs the state to publish a parent rights handbook and requires school board members to complete training on parental rights. House Bill 6 requires each campus to provide parents with a discipline summary document explaining behavior expectations and consequences.1Texas Education Agency. 89th Legislature Updates
Library Content Rules and the READER Act Injunction
House Bill 900 from the 88th Legislature, the READER Act, set up a system for regulating sexual content in school library materials. Under the statute, vendors rate books before selling to districts. Material depicting sexual conduct in a way that is patently offensive and unrelated to the curriculum is rated “sexually explicit,” and districts cannot buy it. Material describing sexual conduct that does not meet that threshold is rated “sexually relevant,” and parental consent is required before a student can access it.9Texas Legislature Online. HB 900 – Introduced Version – Bill Text
A federal court has blocked the vendor-rating provisions. The U.S. Fifth Circuit Court of Appeals upheld the injunction and denied rehearing, so vendors are not required to rate books, and TEA cannot enforce the rating system. Other parts of HB 900, such as the requirement that districts maintain collection development policies, remain in effect where they do not depend on the enjoined rating system.
The 89th Legislature took a different route. Senate Bills 12 and 13 updated library book policies and added new requirements for how districts select and review materials in their collections.1Texas Education Agency. 89th Legislature Updates Those newer rules operate independently of the enjoined vendor-rating scheme.
Voluntary School Chaplains
Senate Bill 763 from the 88th Legislature lets districts employ or accept volunteer chaplains to provide student support services, including mental health support, suicide prevention programs, and restorative justice initiatives.10LegiScan. Texas Senate Bill 763 Participation is voluntary for both the district and the student, and each board of trustees decides whether to allow chaplains on campus.
Chaplains do not need a certificate from the State Board for Educator Certification, but they must complete the criminal background check required by Chapter 22 of the Education Code before working with students. A district cannot employ or accept any chaplain convicted of or placed on deferred adjudication for a sex offense requiring registration.11Texas School Safety Center. Senate Bill 763 Districts that hire chaplains can pay them from safety allotment funds designated for mental health personnel, behavioral health services, and suicide prevention programs.10LegiScan. Texas Senate Bill 763 Civil liberties groups have flagged the provision as a possible First Amendment concern, though no court has struck it down.
The CROWN Act: Hair Discrimination in Schools
House Bill 567, the CROWN Act, prohibits any school district dress or grooming policy from discriminating against a hair texture or protective hairstyle commonly associated with race. The statute names braids, locks, and twists as protected styles, and the list is not exclusive.12LegiScan. Texas House Bill 567 – Relating to Discrimination on the Basis of Hair Texture or Protective Hairstyle Associated with Race The protection extends to extracurriculars, so a student cannot be kept out of athletics or other programs because of a natural hairstyle. Districts should update dress codes and train staff so grooming standards do not single out styles rooted in racial identity. The same bill also amends the Education Code for higher education and adds protections under the Texas Labor Code and the Texas Commission on Human Rights Act, reaching employment and housing.13Texas Legislature Online. Texas House Bill 567 – Discrimination on the Basis of Hair Texture or Protective Hairstyle Associated with Race
Other 89th Legislature Changes to Watch
Several other 2025 bills affect daily operations. Senate Bill 568 overhauls special education funding formulas and adds support for day-placement programs. Senate Bill 569 sets up a framework for virtual and hybrid learning options. Senate Bill 57 requires accommodations for students with IEPs or 504 plans during mandatory safety drills and adds a special education administrator to each campus’s safety and security committee.4Texas Education Agency. School Safety 89th Legislative Updates Senate Bill 571 and House Bill 4623 tighten educator-misconduct reporting and prevention training.1Texas Education Agency. 89th Legislature Updates TEA is publishing implementation guidance on a rolling basis, and more agency rulemaking is expected as provisions phase in.