Bill Text: TX HB4017 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to human sexuality education in public schools.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Public Education [HB4017 Detail]
Download: Texas-2023-HB4017-Introduced.html
88R417 KJE-F | ||
By: González of El Paso | H.B. No. 4017 |
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relating to human sexuality education in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0042 to read as follows: | ||
Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this | ||
section: | ||
(1) "Age-appropriate" means suitable to particular | ||
ages or age groups of children or adolescents, based on developing | ||
cognitive, emotional, and behavioral capacity typical for the age | ||
or age group. | ||
(2) "Medically accurate" means supported by | ||
peer-reviewed research conducted in compliance with accepted | ||
scientific methods and recognized as accurate by leading | ||
professional organizations and agencies with relevant experience, | ||
such as the American Medical Association. | ||
(b) A school district shall provide human sexuality | ||
education in accordance with this section at grade levels specified | ||
by the State Board of Education. | ||
(c) The State Board of Education by rule shall adopt the | ||
essential knowledge and skills for medically accurate, | ||
age-appropriate curricula to be used by a school district in | ||
providing human sexuality education under this section. As | ||
age-appropriate, the curricula must: | ||
(1) include affirming information regarding gender | ||
identity, gender expression, and sexual orientation; | ||
(2) cover human sexuality, pregnancy, and sexually | ||
transmitted infections; | ||
(3) discuss human sexuality as a normal and healthy | ||
aspect of human development; | ||
(4) discuss: | ||
(A) consent as an unambiguous and voluntary | ||
agreement from each participant to engage in each physical act; and | ||
(B) the importance of respecting personal | ||
boundaries; | ||
(5) present abstinence from sexual activity as the | ||
preferred choice of behavior in relationship to all sexual activity | ||
for unmarried persons of school age; | ||
(6) devote sufficient attention to abstinence from | ||
sexual activity to emphasize the importance of abstinence; | ||
(7) emphasize that abstinence from sexual activity, if | ||
used consistently and correctly, is the only method that is 100 | ||
percent effective in preventing pregnancy and sexually transmitted | ||
infections; | ||
(8) provide information about the health benefits, | ||
side effects, and proper use of the methods approved by the United | ||
States Food and Drug Administration for preventing unintended | ||
pregnancy and reducing the risk of contracting sexually transmitted | ||
infections; | ||
(9) cover women's health, including the importance and | ||
purpose of regular gynecological exams, Pap smear screenings, and | ||
testing for sexually transmitted infections; | ||
(10) promote relationship, communication, and | ||
decision-making skills, including strategies to: | ||
(A) develop healthy, age-appropriate | ||
relationships; | ||
(B) develop healthy life skills, including | ||
critical thinking, problem solving, effective communication, and | ||
responsible decision making about sexuality and relationships; and | ||
(C) promote effective communication between | ||
adolescents and their parents, legal guardians, or other family | ||
members about sexuality and relationships; and | ||
(11) discuss the basic protections provided by Title | ||
IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et | ||
seq.) regarding sexual harassment and sexual assault or abuse, | ||
including: | ||
(A) a student's rights under that provision; | ||
(B) how to identify and report incidents of | ||
sexual harassment or sexual assault or abuse; and | ||
(C) the availability of relevant services for | ||
victims of sexual harassment or sexual assault or abuse, such as | ||
mental health or trauma counseling, academic accommodations, or | ||
health service referrals. | ||
(d) A school district may separate students according to sex | ||
when providing instruction under this section. | ||
(e) A school district shall make all curriculum materials | ||
used in the district's human sexuality education available for | ||
reasonable public inspection. | ||
(f) A school district shall adopt a policy regarding whether | ||
male or female condoms may be distributed in connection with human | ||
sexuality education. | ||
(g) A school district shall adopt a best practice-based | ||
policy regarding the provision of menstrual products to students | ||
enrolled in the district. | ||
(h) A student shall be excused from human sexuality | ||
education on the written request of a parent or legal guardian | ||
without being subjected to any disciplinary action, academic | ||
penalty, or other sanction imposed by the school district or the | ||
student's school. | ||
(i) Before each school year, a school district shall provide | ||
written notice to a parent or legal guardian of each student | ||
enrolled in the district of the intent to provide human sexuality | ||
education under this section. The notice must include: | ||
(1) a summary of the basic content of the human | ||
sexuality education to be provided to the student; | ||
(2) the district's policy on the distribution of | ||
condoms in connection with human sexuality education; and | ||
(3) a statement of the parent's or legal guardian's | ||
right to: | ||
(A) review curriculum materials as provided by | ||
Subsection (e); and | ||
(B) remove the student from any part of the | ||
district's human sexuality education as provided by Subsection (h). | ||
SECTION 2. Section 12.104(b), Education Code, as amended by | ||
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. | ||
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular | ||
Session, 2021, is reenacted and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29, except class size limits for prekindergarten | ||
classes imposed under Section 25.112, which do not apply; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) the provisions of Subchapter A, Chapter 39; | ||
(M) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(N) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(O) intensive programs of instruction under | ||
Section 28.0213; | ||
(P) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(Q) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(R) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(S) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(T) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(U) establishment of residency under Section | ||
25.001; | ||
(V) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(W) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; | ||
(X) the college, career, and military readiness | ||
plans under Section 11.186; [ |
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(Y) [ |
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under Section 28.02124; and | ||
(Z) human sexuality education under Section | ||
28.0042. | ||
SECTION 3. Sections 28.004(c) and (j), Education Code, are | ||
amended to read as follows: | ||
(c) The local school health advisory council's duties | ||
include recommending: | ||
(1) the number of hours of instruction to be provided | ||
in: | ||
(A) health education in kindergarten through | ||
grade eight; and | ||
(B) if the school district requires health | ||
education for high school graduation, health education, including | ||
physical health education and mental health education, in grades 9 | ||
through 12; | ||
(2) policies, procedures, strategies, and curriculum | ||
appropriate for specific grade levels designed to prevent physical | ||
health concerns, including obesity, cardiovascular disease, Type 2 | ||
diabetes, and mental health concerns, including suicide, through | ||
coordination of: | ||
(A) health education, which must address | ||
physical health concerns and mental health concerns to ensure the | ||
integration of physical health education and mental health | ||
education; | ||
(B) physical education and physical activity; | ||
(C) nutrition services; | ||
(D) parental involvement; | ||
(E) instruction on substance abuse prevention; | ||
(F) school health services, including mental | ||
health services; | ||
(G) a comprehensive school counseling program | ||
under Section 33.005; | ||
(H) a safe and healthy school environment; and | ||
(I) school employee wellness; | ||
(3) policies adopted by the district regarding the | ||
human sexuality education provided under Section 28.0042 | ||
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(4) strategies for integrating the curriculum | ||
components specified by Subdivision (2) with the following elements | ||
in a coordinated school health program for the district: | ||
(A) school health services, including physical | ||
health services and mental health services, if provided at a campus | ||
by the district or by a third party under a contract with the | ||
district; | ||
(B) a comprehensive school counseling program | ||
under Section 33.005; | ||
(C) a safe and healthy school environment; and | ||
(D) school employee wellness; | ||
(5) if feasible, joint use agreements or strategies | ||
for collaboration between the school district and community | ||
organizations or agencies; | ||
(6) strategies to increase parental awareness | ||
regarding: | ||
(A) risky behaviors and early warning signs of | ||
suicide risks and behavioral health concerns, including mental | ||
health disorders and substance use disorders; and | ||
(B) available community programs and services | ||
that address risky behaviors, suicide risks, and behavioral health | ||
concerns; | ||
(7) appropriate grade levels and curriculum for | ||
instruction regarding opioid addiction and abuse and methods of | ||
administering an opioid antagonist, as defined by Section 483.101, | ||
Health and Safety Code; and | ||
(8) appropriate grade levels and curriculum for | ||
instruction regarding child abuse, family violence, dating | ||
violence, and sex trafficking, including likely warning signs that | ||
a child may be at risk for sex trafficking, provided that the local | ||
school health advisory council's recommendations under this | ||
subdivision do not conflict with the essential knowledge and skills | ||
developed by the State Board of Education under this subchapter. | ||
(j) A school district shall make all curriculum materials | ||
used in the district's [ |
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relating to the prevention of child abuse, family violence, dating | ||
violence, and sex trafficking[ |
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(1) for curriculum materials in the public domain: | ||
(A) providing a copy of the curriculum materials | ||
by mail or e-mail to a parent of a student enrolled in the district | ||
on the parent's request; and | ||
(B) posting the curriculum materials on the | ||
district's Internet website, if the district has an Internet | ||
website; and | ||
(2) for copyrighted curriculum materials, allowing a | ||
parent of a student enrolled in the district to: | ||
(A) review the curriculum materials at the | ||
student's campus at any time during regular business hours; | ||
(B) purchase a copy of the curriculum materials | ||
from the publisher as provided by the district's purchase agreement | ||
for the curriculum materials under Subsection [ |
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(C) review the curriculum materials online | ||
through a secure electronic account in a manner that prevents the | ||
curriculum materials from being copied and that otherwise complies | ||
with copyright law. | ||
SECTION 4. Sections 28.004(e), (e-1), (e-2), (e-3), (f), | ||
(g), (h), (i), (j-1), and (p)(2), Education Code, are repealed. | ||
SECTION 5. This Act applies beginning with the 2024-2025 | ||
school year. | ||
SECTION 6. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. 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, 2023. |