Bill Text: TX HB3581 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to health education curriculum and instruction in public schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-20 - Referred to Public Education [HB3581 Detail]

Download: Texas-2013-HB3581-Introduced.html
  83R12321 VOO-F
 
  By: Strama H.B. No. 3581
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health education curriculum and instruction in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.004, Education Code, is amended by
  amending Subsections (e) and (i) and adding Subsection (n) to read
  as follows:
         (e)  Any course materials and instruction relating to human
  sexuality, sexually transmitted infections [diseases], or human
  immunodeficiency virus or acquired immune deficiency syndrome
  shall be selected by the board of trustees with the advice of the
  local school health advisory council and must:
               (1)  present abstinence from sexual activity as the
  preferred choice of behavior in relationship to all sexual activity
  for [unmarried] persons of school age;
               (2)  devote sufficient [more] attention to abstinence
  from sexual activity to emphasize the importance of abstinence 
  [than to any other behavior];
               (3)  emphasize that abstinence from sexual activity, if
  used consistently and correctly, is the only method that is 100
  percent effective in preventing pregnancy, sexually transmitted
  infections [diseases], infection with human immunodeficiency
  virus, [or] acquired immune deficiency syndrome, and the emotional
  distress that may be [trauma] associated with adolescent sexual
  activity that results in a sexually transmitted infection or an
  unintended pregnancy;
               (4)  direct adolescents to a standard of behavior in
  which abstinence from sexual activity before marriage is the most
  effective way to prevent pregnancy, sexually transmitted
  infections [diseases], [and] infection with human immunodeficiency
  virus, and [or] acquired immune deficiency syndrome; [and]
               (5)  present age-appropriate information in accordance
  with national standards;
               (6)  be evidence-based;
               (7)  provide age-appropriate information about the
  effectiveness of methods approved by the United States Food and
  Drug Administration for reducing the risk of contracting sexually
  transmitted infections, including human immunodeficiency virus,
  and preventing unintended pregnancy;
               (8)  promote healthy relationships and decision-making
  skills such as strategies:
                     (A)  to promote effective communication between
  adolescents and their parents and other family members or their
  legal guardians;
                     (B)  to develop healthy relationships; and
                     (C)  to develop healthy life skills, including
  goal-setting, responsible decision making, refusal and
  negotiation, and effective communication; and
               (9)  for middle, junior high, and high school students,
  discuss the district's dating violence policy adopted under Section
  37.0831 [teach contraception and condom use in terms of human use
  reality rates instead of theoretical laboratory rates, if
  instruction on contraception and condoms is included in curriculum
  content].
         (i)  Before each school year, a school district shall provide
  written notice to a parent of each student enrolled in the district
  of the board of trustees' decision regarding whether the district
  will provide human sexuality instruction to district students.  If
  instruction will be provided, the notice must include:
               (1)  a summary of the basic content of the district's
  human sexuality instruction to be provided to the student,
  including a statement informing the parent that the instruction is
  required by [of the instructional requirements under] state law to:
                     (A)  present abstinence from sexual activity as
  the preferred choice of behavior in relationship to all sexual
  activity for persons of school age; and
                     (B)  devote sufficient attention to abstinence
  from sexual activity to emphasize the importance of abstinence;
               (2)  a statement of whether the instruction is
  considered by the district to be abstinence-only instruction or
  comprehensive instruction, including an explanation of the
  difference between those types of instruction and a specific
  statement regarding whether the student will receive information on
  contraception and condom use;
               (3) [(2)]  a statement of the parent's right to:
                     (A)  review curriculum materials as provided by
  Subsection (j); and
                     (B)  remove the student from any part of the
  district's human sexuality instruction without subjecting the
  student to any disciplinary action, academic penalty, or other
  sanction imposed by the district or the student's school; and
               (4) [(3)]  information describing the opportunities
  for parental involvement in the development of the curriculum to be
  used in human sexuality instruction, including information
  regarding the local school health advisory council established
  under Subsection (a).
         (n)  In this section:
               (1)  "Abstinence-only instruction" means instruction
  that does not include information about preventing pregnancy,
  sexually transmitted infections, infection with human
  immunodeficiency virus, or acquired immune deficiency syndrome
  through any means other than total abstinence from sexual activity.
               (2)  "Evidence-based" means information verified or
  supported by research that is:
                     (A)  conducted in compliance with accepted
  scientific methods;
                     (B)  published in peer-reviewed journals, if
  appropriate;
                     (C)  recognized as medically accurate, objective,
  and complete by mainstream professional organizations and agencies
  with expertise in the relevant field, including the federal Centers
  for Disease Control and Prevention and the United States Department
  of Health and Human Services; and
                     (D)  proven through rigorous, scientific
  evaluation to achieve positive outcomes on measures of sexual risk
  behavior or its health consequences.
         SECTION 2.  (a)  A school district that uses instructional
  materials that do not reflect the requirements prescribed by
  Section 28.004(e), Education Code, as amended by this Act, shall
  also use appropriate supplemental instructional materials as
  necessary to comply with those requirements.
         (b)  A school district that permits a person not employed by
  the district to present one or more components of the district's
  human sexuality instruction must require the person to comply with
  the requirements prescribed by Section 28.004(e), Education Code,
  as amended by this Act.
         SECTION 3.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
feedback