Bill Text: TX HB78 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to human sexuality education in public schools.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2015-02-09 - Referred to Public Education [HB78 Detail]
Download: Texas-2015-HB78-Introduced.html
84R1873 KJE-F | ||
By: González | H.B. No. 78 |
|
||
|
||
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 28.0041 to read as follows: | ||
Sec. 28.0041. HUMAN SEXUALITY EDUCATION. (a) In this | ||
section: | ||
(1) "Age appropriate" means topics, messages, and | ||
teaching methods 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 curriculum to be used by a school district in | ||
providing human sexuality education under this section. As age | ||
appropriate, the curriculum must: | ||
(1) cover human sexuality, pregnancy, and sexually | ||
transmitted infections; | ||
(2) discuss human sexuality as a normal and healthy | ||
aspect of human development; | ||
(3) present abstinence from sexual activity as the | ||
preferred choice of behavior in relationship to all sexual activity | ||
for unmarried persons of school age; | ||
(4) devote sufficient attention to abstinence from | ||
sexual activity to emphasize the importance of abstinence; | ||
(5) 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; | ||
(6) 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; and | ||
(7) 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. | ||
(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 | ||
condoms may be distributed in connection with human sexuality | ||
education. | ||
(g) 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. | ||
(h) Before each school year, a school district shall provide | ||
written notice to a parent 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 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 (g). | ||
SECTION 2. Section 12.104(b), Education Code, is amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) 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, | ||
Chapter 29; | ||
(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) public school accountability under | ||
Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; [ |
||
(N) intensive programs of instruction under | ||
Section 28.0213; and | ||
(O) human sexuality education under Section | ||
28.0041. | ||
SECTION 3. Sections 28.004(c) and (n), 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 health education; | ||
(2) policies, procedures, strategies, and curriculum | ||
appropriate for specific grade levels designed to prevent obesity, | ||
cardiovascular disease, Type 2 diabetes, and mental health concerns | ||
through coordination of: | ||
(A) health education; | ||
(B) physical education and physical activity; | ||
(C) nutrition services; | ||
(D) parental involvement; | ||
(E) instruction to prevent the use of tobacco; | ||
(F) school health services; | ||
(G) counseling and guidance services; | ||
(H) a safe and healthy school environment; and | ||
(I) school employee wellness; | ||
(3) [ |
||
|
||
[ |
||
components specified by Subdivision (2) with the following elements | ||
in a coordinated school health program for the district: | ||
(A) school health services; | ||
(B) counseling and guidance services; | ||
(C) a safe and healthy school environment; and | ||
(D) school employee wellness; and | ||
(4) [ |
||
strategies for collaboration between the school district and | ||
community organizations or agencies. | ||
(n) Any joint use agreement that a school district and | ||
community organization or agency enter into based on a | ||
recommendation of the local school health advisory council under | ||
Subsection (c)(4) [ |
||
district and community organization or agency in the agreement. | ||
SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1), | ||
and (j), Education Code, are repealed. | ||
SECTION 5. This Act applies beginning with the 2016-2017 | ||
school year. | ||
SECTION 6. 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, 2015. |