Texas 2009 - 81st Regular

Texas House Bill HB741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4814 KKA-F
2	2	By: Castro H.B. No. 741
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health education curriculum and instruction in public
8	8	schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Texas Education
11	11	Works Act.
12	12	SECTION 2. Section 28.004, Education Code, is amended by
13	13	amending Subsection (e) and adding Subsection (m) to read as
14	14	follows:
15	15	(e) Any course materials and instruction relating to human
16	16	sexuality, sexually transmitted diseases, or human
17	17	immunodeficiency virus or acquired immune deficiency syndrome
18	18	shall be selected by the board of trustees with the advice of the
19	19	local school health advisory council and must:
20	20	(1) present medically accurate and age-appropriate
21	21	information;
22	22	(2) present abstinence from sexual activity as the
23	23	preferred choice of behavior in relationship to all sexual activity
24	24	for unmarried persons of school age;
25	25	[(2) devote more attention to abstinence from sexual
26	26	activity than to any other behavior;]
27	27	(3) emphasize that abstinence from sexual activity, if
28	28	used consistently and correctly, is the only method that is 100
29	29	percent effective in preventing pregnancy, sexually transmitted
30	30	diseases, sexually transmitted infection with human
31	31	immunodeficiency virus, and [or] acquired immune deficiency
32	32	syndrome resulting from sexual activity[, and the emotional trauma
33	33	associated with adolescent sexual activity];
34	34	(4) direct adolescents to a standard of behavior in
35	35	which abstinence from sexual activity before marriage is the most
36	36	effective way to prevent pregnancy, sexually transmitted diseases,
37	37	sexually transmitted [and] infection with human immunodeficiency
38	38	virus, and [or] acquired immune deficiency syndrome resulting from
39	39	sexual activity; [and]
40	40	(5) provide information about the health benefits,
41	41	effectiveness, and safety of methods approved by the United States
42	42	Food and Drug Administration for reducing the risk of contracting
43	43	sexually transmitted diseases;
44	44	(6) provide information about the health benefits,
45	45	effectiveness, and safety in preventing pregnancy of all
46	46	contraceptive methods approved by the United States Food and Drug
47	47	Administration;
48	48	(7) provide information on local resources for testing
49	49	for and obtaining medical care for sexually transmitted diseases;
50	50	(8) include strategies to promote effective
51	51	communication between adolescents and their parents and other
52	52	family members about human sexuality;
53	53	(9) address the economic and emotional requirements of
54	54	parenthood;
55	55	(10) encourage students to develop healthy life
56	56	skills, including goal setting, decision making, refusal and
57	57	negotiation, and effective communication;
58	58	(11) teach skills for making responsible decisions
59	59	about sexual activity, including how to avoid unwanted verbal or
60	60	physical sexual advances and how to avoid making unwanted verbal or
61	61	physical sexual advances;
62	62	(12) teach how drug and alcohol use may affect
63	63	responsible decision making; and
64	64	(13) help students develop healthy attitudes and
65	65	values concerning growth and development, body image, and
66	66	relationships [teach contraception and condom use in terms of human
67	67	use reality rates instead of theoretical laboratory rates, if
68	68	instruction on contraception and condoms is included in curriculum
69	69	content].
70	70	(m) In this section:
71	71	(1) "Age-appropriate information" means information,
72	72	including topics, messages, and teaching methods, that is suitable
73	73	for the particular ages or age groups of children and adolescents to
74	74	whom the information is to be presented based on the developing
75	75	cognitive, emotional, and behavioral capacity of children or
76	76	adolescents of that age or age group.
77	77	(2) "Medically accurate information" means
78	78	information that is:
79	79	(A) verified or supported by the weight of
80	80	research conducted in compliance with accepted scientific methods;
81	81	(B) published in peer reviewed journals, if
82	82	appropriate; and
83	83	(C) recognized as accurate, objective, and
84	84	complete by mainstream professional organizations and agencies
85	85	with expertise in the relevant field, including:
86	86	(i) the Centers for Disease Control and
87	87	Prevention;
88	88	(ii) the American College of Obstetricians
89	89	and Gynecologists;
90	90	(iii) the American Academy of Pediatrics;
91	91	(iv) the American Public Health
92	92	Association;
93	93	(v) the American Academy of Family
94	94	Physicians;
95	95	(vi) the Infectious Diseases Society of
96	96	America; and
97	97	(vii) the American Psychological
98	98	Association.
99	99	SECTION 3. (a) A school district that uses textbooks or
100	100	other course materials that do not reflect the requirements
101	101	prescribed by Section 28.004(e), Education Code, as amended by this
102	102	Act, shall also use appropriate supplemental instructional
103	103	materials as necessary to comply with those requirements.
104	104	(b) A school district that permits a person not employed by
105	105	the district to present one or more components of the district's
106	106	human sexuality instruction must require the person to comply with
107	107	the requirements prescribed by Section 28.004(e), Education Code,
108	108	as amended by this Act.
109	109	SECTION 4. This Act applies beginning with the 2009-2010
110	110	school year.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2009.