SB 12 Compliance
RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT
SB 12 Compliance
Notice to Vendors, Contractors, Service Providers, and Volunteers
This memorandum serves as notice to all vendors, contractors, service providers, and volunteers of Raymondville Independent School District, hereinafter referred to as “Raymondville ISD,” “District,” or “the District,” of important changes in state law and District policy concerning the consideration of race, sex, color, or ethnicity in connection with District operations and decision-making.
All District vendors, contractors, service providers, and volunteers are required to review this memorandum in its entirety, disseminate its contents to personnel assigned to District accounts or activities, and maintain operations in conformity with applicable law and District policy. Performance of services under a current or future District agreement constitutes notice of the requirements described in this memorandum.
I. Discrimination Prohibited
Raymondville ISD prohibits unlawful discrimination on the basis of race, color, national origin, religion, sex, disability, or any other basis prohibited by law. In addition, Texas Education Code §11.005 and applicable District policy prohibit District employees, contractors, and volunteers from performing, carrying out, or assigning certain diversity, equity, and inclusion duties at, for, or on behalf of the District.
Consistent with Texas Education Code §11.005, the District prohibits certain activities related to diversity, equity, and inclusion (DEI) initiatives, except as otherwise required by state or federal law. Contractors, vendors, service providers, and volunteers are required to comply with applicable District policies while providing services to or on behalf of Raymondville ISD.
District policies are available through: Raymondville ISD Board Policy Online.
II. Diversity, Equity, and Inclusion Duties Defined
DEI duties prohibited by applicable law and District policy include actions, roles, or practices involving the following:
1. Influencing Employment Practices: Any effort designed to influence hiring, recruitment, promotion, or anti-discrimination practices with respect to race, sex, color, or ethnicity, unless necessary to comply with established state or federal anti-discrimination law.
2. Promoting Differential Treatment: Proactively promoting differential treatment of individuals, or providing special or exclusive benefits to individuals, solely on the basis of race, color, or ethnicity.
3. Developing Protected-Class Programming: Developing, implementing, structuring, or delivering policies, operating procedures, professional trainings, educational activities, or instructional programs that reference race, color, ethnicity, gender identity, or sexual orientation in a manner prohibited by Texas Education Code §11.005. Exceptions may apply where required by state or federal law or otherwise authorized by statute.
4. Compelling DEI Statements: Compelling, requiring, inducing, or soliciting a prospective or current contractor, service provider, or vendor to submit a diversity, equity, and inclusion statement, or granting preferential consideration or advantage based on the provision or substance of such a statement.
III. District Policies
The following Raymondville ISD policies are of particular relevance to SB 12 compliance. Vendors, contractors, service providers, and volunteers should consult the District's current Board Policy Online for the controlling version of each policy.
• Board Policy BT (LEGAL): Addresses the prohibition on assigning certain DEI duties and related statutory requirements.
• Board Policy CJ (LEGAL) and (LOCAL): Addresses contracted services and applicable contractual requirements and remedies.
• Board Policy DH (LOCAL): Addresses employee standards of conduct and related expectations.
• Board Policy BJA (LEGAL): Addresses superintendent duties, including statutory certification requirements.
• Board Policy CMD (LEGAL): Addresses the acquisition of instructional materials.
• Board Policy DF (LEGAL): Addresses discipline and termination provisions applicable under state law.
• Board Policy DG (LEGAL): Addresses employee rights and responsibilities concerning certain controversial issues.
• Board Policy EMB (LEGAL): Addresses instructional topics and statutory requirements applicable to curriculum and instruction.
IV. Consequences for Violation of Policies
District contractors and service providers are on notice that intentional or knowing violations of applicable law or District policy may result in appropriate corrective or contractual action, up to and including termination of a District contract when authorized by law, policy, and the applicable agreement.
Contractual Remedies: If the District determines that a contractor has intentionally or knowingly engaged in prohibited DEI duties, assigned prohibited duties to another individual, or otherwise violated applicable statutory or contractual requirements, the District may impose corrective action or contractual remedies available under law, District policy, and the applicable contract.
Personnel Discipline: District employees who violate applicable policies and standards of professional conduct may be subject to disciplinary action in accordance with law and District policy.
V. Certain Practices Exempted or Not Restricted
The statutory prohibitions do not eliminate or restrict otherwise lawful educational, commercial, reporting, or constitutional activities. Examples may include the following, when conducted in accordance with applicable law and District policy:
1. Historically Underutilized Businesses (HUBs): The District may continue lawful contracting and procurement activities involving historically underutilized businesses in accordance with applicable Texas law.
2. Commemorative and Holiday Instruction: Instruction may acknowledge or teach the historical significance of state and federal holidays and federally designated commemorative months when aligned with applicable curriculum requirements.
3. Constitutional Protections: Nothing in this notice is intended to infringe upon constitutional rights protected by the First Amendment to the United States Constitution or the Texas Constitution.
4. Academic Achievement and Data Reporting: Lawful data collection, monitoring, state reporting, interventions designed to address academic achievement gaps, and programs intended to improve student outcomes may continue when structured and implemented in accordance with applicable law.
Questions: Vendors, contractors, service providers, and volunteers with questions regarding the application of SB 12 or District policy to a particular service, program, training, activity, or agreement should contact the appropriate Raymondville ISD administrator before proceeding.
Raymondville ISD appreciates the cooperation and professionalism of its vendors, contractors, service providers, and volunteers as the District implements these requirements.