Ethnic Studies Under Attack and Senate Bill 12 Toolkit: The REAL Target of Sen. Creighton's SB 12

Okay, Friends—

Happy Monday! Most people never actually read any bills, so here’s your chance to see a key section for yourself of a particularly horrible one. Scroll below to read this together with detailed instructions, compliments of @txstudentsfordei on Instagram, on what you can do to speak up against this bill, including signing up to testify on Tuesday morning.

The essence of SB 12 is both simple and chilling: it seeks to eliminate virtually all Diversity, Equity, and Inclusion (DEI) efforts in Texas public schools, offering only a few token exceptions. If SB 3 from the last session was vague and burdensome, SB 12 is more direct and more dangerous, targeting any K–12 initiative that dares to center equity, identity, or belonging.

Let’s be clear: this is a thinly veiled attack on Ethnic Studies, as well as anti-trans and anti-LGBTQ—and on every educator, ally, student, and community member committed to truth, dignity, and educational justice.

And here’s the glaring contradiction: According to the Texas Education Agency Enrollment in Texas public schools, 2022–23 (2023) data, Black and Brown children now make up the majority (66 %) of students in Texas public schools—a demographic reality that will only continue to grow. 

To pass a law that denies these students a curriculum that reflects their cultures, histories, and identities is not just shortsighted—it is morally indefensible. At best, it’s nonsensical. At worst, it’s terribly hostile, pushing back on the many positive gains we've made in Texas in Ethnic Studies policy and practice. 

What we should be doing instead is passing Rep. Christina Morales' Ethnic Studies bill House Bill 178 that is stuck in the House Calendars committee waiting to get heard in the Texas House.

I plan to testify tomorrow, May 13th, on behalf of Texas LULAC against SB 12. I hope you’ll be there with us—testifying, supporting, or just being present.

The underlined text reflects proposed changes to the Texas Education Code—and unless we speak out, these changes could become law.

We need every voice in the room. The future of our public schools and quality public education depends on it. 

Some day, Ethnic Studies will simply be a good education, I always say. 

There may be a rally on SB 37 and SB 12. Will keep y'all posted.

Peace/Paz,

Angela Valenzuela

Reference

Texas Education Agency. (2023). Enrollment in Texas public schools, 2022–23. https://tea.texas.gov/sites/default/files/enroll-2022-23.pdf

Senate Bill 12, Section 3

SECTION 3.  Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.005 to read as follows:

Sec. 11.005.  PROHIBITION ON DIVERSITY, EQUITY, AND INCLUSION DUTIES.  (a)  In this section, "diversity, equity, and inclusion duties" means:

(1)  influencing hiring or employment practices with respect to race, sex, color, or ethnicity except as necessary to comply with state or federal antidiscrimination laws;

(2)  promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;

(3)  developing or implementing policies, procedures, trainings, activities, or programs that reference race, color, ethnicity, gender identity, or sexual orientation except as necessary to comply with state or federal law; and

(4)  compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.

(b)  Except as required by state or federal law, a school district:

(1)  may not assign diversity, equity, and inclusion duties to any person; and

(2)  shall prohibit a district employee, contractor, or volunteer from engaging in diversity, equity, and inclusion duties at, for, or on behalf of the district.

(c)  A school district shall adopt a policy and procedure for the appropriate discipline, including termination, of a district employee or contractor who intentionally or knowingly engages in or assigns to another person diversity, equity, and inclusion duties.  The district shall provide a physical and electronic copy of the policy and procedure to each district employee or contractor.

(d)  Nothing in this section may be construed to:

(1)  limit or prohibit a school district from acknowledging or teaching the significance of state and federal holidays or commemorative months and how those holidays or months fit into the themes of history and the stories of this state and the United States of America in accordance with the essential knowledge and skills adopted under Subchapter A, Chapter 28;

(2)  affect a student's rights under the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution;

(3)  limit or prohibit a school district from analyzing school-based causes and taking steps to eliminate unlawful discriminatory practices as necessary to address achievement gaps and differentials described by Section 39.053; or

(4)  apply to:

(A)  classroom instruction that is consistent with the essential knowledge and skills adopted by the State Board of Education;

(B)  the collection, monitoring, or reporting of data;

(C)  a policy, practice, procedure, program, or activity intended to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity; or

(D)  a student club that is in compliance with the requirements of Section 33.0815.

05/08 - SB 12

89TH LEGE ADVO TOOLKIT

Updated May 11, 2025 12:00 PM CST 

On May 6, 2025, Governor Greg Abbott urged Senator Creighton and the Texas Legislature to pass Senate Bill 12 in Texas K-12 classrooms. As hearing deadlines approach for the 89th Texas Legislative Session, lawmakers are scrambling to fulfill priorities of Governor Greg Abbott and Lieutenant Governor Dan Patrick. Senate Bill 12 is an anti-DEI, anti-LGBTQIA+, and anti-student protection bill under the facade of “parent rights.”  On Tuesday, May 13th at 8 AM, the House Public Education Committee will hear Senate Bill 12.

DATE:                         Tuesday, May 13th, 2025

TIME:                         8:00 AM CST

LOCATION:                 John H Reagan Building, (1400 Congress Ave., Austin, TX 78701) - Building Access Help

ROOM:                 JHR 140

** Note: On the hearing notice, Chairman Brad Buckly can cut and limit testimony if he thinks the hearing will go into the next calendar day. Please arrive before 8:00 AM to register. If you cannot arrive before 8:00 AM, please email txstudentsfordei@gmail.com.

CALL OR EMAIL THE MEMBERS

Office	Email	Phone Number
Brad Buckley (Chair)	Brad.Buckley@house.texas.gov	(512) 463-0684
Diego Bernal (Vice Chair)	Diego.Bernal@House.texas.gov	(512) 463-0532
Alma Allen	Alma.Allen@house.texas.gov	(512) 463-0744
Trent Ashby	Trent.Ashby@house.texas.gov	(512) 463-0508
John Bryant	John.Bryant@house.texas.gov	(512) 463-0576
Charles Cunningham	Charles.Cunningham@house.texas.gov	(512) 463-0520
Harold V Dutton, Jr.	Harold.Dutton@house.texas.gov	(512) 463-0510
James B Frank	James.Frank@house.texas.gov	(512) 463-0534
Gina Hinojosa	Gina.Hinojosa@house.texas.gov	(512) 463-0668
Todd Hunter	Todd.Hunter@house.texas.gov	(512) 463-0672
Helen Kerwin	Helen.Kerwin@house.texas.gov	(512) 463-0538
Jeff Leach	Jeff.Leach@house.texas.gov	(512) 463-0544
Terri Leo-Wilson	Terri.Leo-Wilson@house.texas.gov	(512) 463-0502
Alan Schoolcraft	Alan.Schoolcraft@house.texas.gov	(512) 463-0602
James Talarico	James.Talarico@house.texas.gov	(512) 463-0821

2. TESTIFY IN-PERSON OR SUBMIT WRITTEN TESTIMONY

WRITTEN:

There’s no limit on the length of written testimonies. Please submit written testimony here.

AND

In the House, Texas residents are allowed to provide written comments via online portal from anywhere. We encourage you to submit a written comment AGAINST S.B. 12.

TESTIFY: We encourage you to write out your testimony before the hearing! Testimonies read out loud should be two-minutes to be read to the committee during the hearing. However, written testimonies do not have any page or word limit. To get an idea of what to write about, please see these testimony guides:

For in-person, individuals can write out and read their testimonies. If you are providing a written testimony, please bring 15 copies for the members and their staff.

Please go here to watch the livestream of the Texas House. Tweet or DM us at at @txstudentsforDEI for the commentary and any questions you may have.

SPREAD THE WORD

Reach out to your friends, fellow students, colleagues - anyone who cares about higher education in Texas - to get them involved! There’s a template below to get you started.

Hey! The Texas House is holding a public hearing on SB 12, an anti-LGBTQIA+, anti-DEI, and anti-student protection bill under the guise of “parental rights.” We need more students to get involved in this legislative advocacy and to share their stories. Are you interested in getting involved. It won’t take more than 10 minutes of your time! Here’s the link: www.tinyurl.com/legetoolkit.

SB 37 – Faculty Senates & Curriculum—Texas AFT Bill Summary & Talking Points

Here is another analysis of SB 37 from Texas AFT. Numerous groups are engaged in this struggle, with Amanda Garcia emerging as a powerhouse organizer, leading the charge with remarkable skill and unwavering dedication. 

She works closely with AAUP President Brian Evan on the numerous bills targeting higher education, including those by Senators Bettencourt and Middleton, SB 1489, and SB 452, respectively, that are mentioned at the end of this AFT Summary below.

I applaud the numerous organizations involved, including Texas Students for DEI that Amanda and her peers formed during the 2023 session in response to Senate Bill 17, Texas' anti-DEI bill.

You can follow them on Instagram @txstudentsfordei

I re-post herein their most recent posts on these bad bills. Go to tinyurl.com/legetoolkit to their super helpful toolkit to learn of what you can do to combat these terrible proposals.

-Angela Valenzuela

SB 37 – Faculty Senates & Curriculum

Texas AFT Bill Summary & Talking Points

Contact agarcia@texasaft.org 

Broad Overview: SB 37 restructures the governance of public institutions of higher education by establishing oversight committees, increasing the power of governing boards, and limiting the autonomy of faculty councils to advisory roles. It mandates comprehensive evaluations of curricula and administrative decisions, tying state funding to compliance with new procedural standards. These changes constrain academic freedom, centralize excessive control in governing bodies, and burden institutions with bureaucratic processes that will hinder their educational mission and innovation.

SECTION 1: General Education Review Committees (Sec. 51.315) 

• A new section, Section 51.315, is added to the Education Code establishing a "General Education Review Committee" for each institution of higher education.
• Each institution must form a review committee to annually "maintain or eliminate” courses in the core curriculum and check for workforce alignment.
• Shall ensure courses in the curriculum “do not endorse specific public policies, ideologies, or legislation” 

• Composition: Committees may include tenured faculty and local industry partners.
• Duties: The committee ensures courses are foundational, prepare students for civic and professional life, and are free from ideological endorsements.
• Recommendations: Committees make recommendations on course retention or elimination, and institutions must publicly post these before board consideration.

• Compliance Reporting: Institutions must certify compliance annually to the Office of Excellence and provide reports to continue receiving state funds. 
• Institutions may not spend appropriated funds until the governing board submits to the legislature and THECB certifies compliance.

SECTION 2: Governing Board Powers and Duties (Sec. 51.352) 

• New Responsibilities for Governing Boards: Boards will now have the authority to approve or deny the hiring of individuals for specific leadership positions (vice president, provost, dean, etc.) and must regularly evaluate the chief executive officer to assist them in achieving performance goals such as student retention and graduation rates.
• “Maintaining or increasing student retention and graduation rates, the amount of money available for research, and making efforts to ensure a variety of perspectives are represented among administration and faculty”

• Decision-Making Authority: Governing boards can now overturn decisions made by campus administrations and must post notices on their websites about meetings where finalists for leadership positions will be considered, along with the curriculum vitae of those candidates.
• Annual Reporting: The governing board must annually report to the governor, the lieutenant governor, the speaker of the house, and each member of the legislature a report regarding decisions made by the board for the academic year on:
• The hiring of administration and faculty, curriculum, any review and evaluation of the institution’s administration

SECTION 3: Faculty Council or Senate (Sec. 51.3522) 

• Sec. 51.3522 Defines a faculty council or senate, and only the governing board may establish a faculty council/senate that adopts the policies:
• Members must be tenured.
• For each college or school: one member appointed by the institution president, one member elected by faculty vote.
• A faculty senate is advisory only, and “may not publish a report directly related to the council’s duties.”
• Each proposal from faculty senates must be reviewed by the governing board, institution administration, and system administration. 
• A member serves a one-year term and may only be a member again after four years.

• Notices/business must be made public:
• Agendas “with sufficient detail to indicate the items on which final action is contemplated”
• Votes must also be public when pertaining to a vote of no confidence and policies related to curriculum and academic standards.
• Advertisements for tenured faculty positions except STEM fields

SECTION 4: Minor Degree and Certificate Programs Review (Sec. 51.989) 

• Sec. 51.989 is added to specify the review process for minor degree and certificate programs
• 🚩Review Criteria: The president and provost must develop a process for reviewing minor and certificate programs and identify programs with low enrollment, leading to consolidation or elimination. 
• To avoid consolidation or elimination, undergraduate programs must have graduated at least 10 students in the preceding two years, OR at least 5 students enrolled at the time of review; graduate programs must have at least 3 students enrolled at the time of review and 3 students graduated in the preceding two years.
• Must show industry data demonstrating workforce demand for the program.
• Periodic Review: Presidents and provosts conduct reviews every four years, subject to board approval for any changes. 

SECTION 5: Governing Board Member Training (Sec. 61.084)

• Training Content: Focuses on roles, duties, governance topics like ethics, policy development, and budgeting.
• Topics covered: audit procedures, legislation that creates higher education institutions, the role of governing boards including its disciplinary and investigative authorities, faculty council/senate policies, the Legislature and state budget.
• Affirmation: Board members must affirm understanding of their responsibilities upon completing training. 

SECTION 6: Faculty Evaluation (Sec. 51.942) 

• Evaluation Process: New requirement for comprehensive performance evaluations for tenured faculty members to occur at least once every six years and no more than once every yea
• Performance evaluation is based on teaching, research, service, patient care, administration, and peer review. It should also be directed toward professional development. The performance evaluation will incorporate “commonly recognized” due process rights. For those receiving unsatisfactory ratings, a short-term development plan with performance benchmarks must be established.
• 🚩 “A faculty member is subject to revocation of tenure or disciplinary action for incompetency, neglect of duty, or other good cause; a faculty member may not be involved in decision-making in a grievance review process or faculty discipline process.”

SECTION 7: Office of Excellence in Higher Education (Ch. 454, Government Code)

• Establishment: The Office of Excellence in Higher Education, administratively attached to the THECB. The director of the office will be appointed by the governor with approval by the senate.
• “Serves at the pleasure of the governor.”
• Mandates the creation of General Education Review Committees within each institution to annually assess the core curriculum and provide recommendations on coursework, ensuring that these courses meet foundational educational standards while maintaining neutrality regarding public policies.
• Role: Acts as an intermediary between the legislature, the public, and institutions. The office is responsible for investigating noncompliance by institutions with state law or institution policy. An institution must respond to the office’s information request within 30 days. Findings will be submitted to the attorney general and the governing board and is subject to investigation. 
• Annual Report: The office will submit an annual report to the governor, lieutenant governor, the attorney general, and the chair of each standing committee the number of reports of noncompliance, the number of investigations, and a summary of investigations results.

SECTION 8-11: Implementation and Transition 

• Timelines: Implementation begins in the 2025-2026 academic year, with initial recommendations due by 2027. 
• Existing Councils: Current faculty councils must be reconstituted or ratified by October 1, 2025, to comply with new standards. These sections collectively aim to increase oversight and standardize processes across Texas public higher education institutions, with significant implications for governance, academic freedom, and administrative operations.
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