1 | 1 | | S.B. No. 283 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | AN ACT |
---|
5 | 5 | | relating to the membership and activities of local school health |
---|
6 | 6 | | advisory councils and to parental involvement in human sexuality |
---|
7 | 7 | | instruction in public schools. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Section 28.004, Education Code, is amended by |
---|
10 | 10 | | amending Subsections (d) and (i) and adding Subsections (d-1), |
---|
11 | 11 | | (i-1), (m), (m-1), and (m-2) to read as follows: |
---|
12 | 12 | | (d) The board of trustees shall appoint at least five |
---|
13 | 13 | | members to the local school health advisory council. A majority of |
---|
14 | 14 | | the members must be persons who are parents of students enrolled in |
---|
15 | 15 | | the district and who are not employed by the district. One of those |
---|
16 | 16 | | members shall serve as chair or co-chair of the council. The board |
---|
17 | 17 | | of trustees also may appoint one or more persons from each of the |
---|
18 | 18 | | following groups or a representative from a group other than a group |
---|
19 | 19 | | specified under this subsection: |
---|
20 | 20 | | (1) public school teachers; |
---|
21 | 21 | | (2) public school administrators; |
---|
22 | 22 | | (3) district students; |
---|
23 | 23 | | (4) health care professionals; |
---|
24 | 24 | | (5) the business community; |
---|
25 | 25 | | (6) law enforcement; |
---|
26 | 26 | | (7) senior citizens; |
---|
27 | 27 | | (8) the clergy; and |
---|
28 | 28 | | (9) nonprofit health organizations. |
---|
29 | 29 | | (d-1) The local school health advisory council shall meet at |
---|
30 | 30 | | least four times each year. |
---|
31 | 31 | | (i) Before each school year, a [A] school district shall |
---|
32 | 32 | | provide written notice to [notify] a parent of each student |
---|
33 | 33 | | enrolled in the district of the board of trustees' decision |
---|
34 | 34 | | regarding whether the district will provide human sexuality |
---|
35 | 35 | | instruction to district students. If instruction will be provided, |
---|
36 | 36 | | the notice must include: |
---|
37 | 37 | | (1) a summary of the basic content of the district's |
---|
38 | 38 | | human sexuality instruction to be provided to the student, |
---|
39 | 39 | | including a statement informing the parent of the instructional |
---|
40 | 40 | | requirements under state law; [and] |
---|
41 | 41 | | (2) a statement of the parent's right to: |
---|
42 | 42 | | (A) review curriculum materials as provided by |
---|
43 | 43 | | Subsection (j); and |
---|
44 | 44 | | (B) remove the student from any part of the |
---|
45 | 45 | | district's human sexuality instruction without subjecting the |
---|
46 | 46 | | student to any disciplinary action, academic penalty, or other |
---|
47 | 47 | | sanction imposed by the district or the student's school; and |
---|
48 | 48 | | (3) information describing the opportunities for |
---|
49 | 49 | | parental involvement in the development of the curriculum to be |
---|
50 | 50 | | used in human sexuality instruction, including information |
---|
51 | 51 | | regarding the local school health advisory council established |
---|
52 | 52 | | under Subsection (a). |
---|
53 | 53 | | (i-1) A parent may use the grievance procedure adopted under |
---|
54 | 54 | | Section 26.011 concerning a complaint of a violation of Subsection |
---|
55 | 55 | | (i). |
---|
56 | 56 | | (m) In addition to performing other duties, the local school |
---|
57 | 57 | | health advisory council shall submit to the board of trustees, at |
---|
58 | 58 | | least annually, a written report that includes: |
---|
59 | 59 | | (1) any council recommendation concerning the school |
---|
60 | 60 | | district's health education curriculum and instruction or related |
---|
61 | 61 | | matters that the council has not previously submitted to the board; |
---|
62 | 62 | | (2) any suggested modification to a council |
---|
63 | 63 | | recommendation previously submitted to the board; and |
---|
64 | 64 | | (3) a detailed explanation of the council's activities |
---|
65 | 65 | | during the period between the date of the current report and the |
---|
66 | 66 | | date of the last prior written report. |
---|
67 | 67 | | (m-1) In lieu of the report that otherwise would be required |
---|
68 | 68 | | under Subsection (m), not later than April 1, 2010, the local school |
---|
69 | 69 | | health advisory council shall submit to the board of trustees an |
---|
70 | 70 | | initial written report that includes: |
---|
71 | 71 | | (1) any information required under Subsections (m)(1) |
---|
72 | 72 | | and (2); and |
---|
73 | 73 | | (2) a detailed explanation of the council's activities |
---|
74 | 74 | | during the 12-month period preceding the date of the report. |
---|
75 | 75 | | (m-2) Subsection (m-1) and this subsection expire April 30, |
---|
76 | 76 | | 2010. |
---|
77 | 77 | | SECTION 2. This Act takes effect September 1, 2009. |
---|
78 | 78 | | ______________________________ ______________________________ |
---|
79 | 79 | | President of the Senate Speaker of the House |
---|
80 | 80 | | I hereby certify that S.B. No. 283 passed the Senate on |
---|
81 | 81 | | April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
---|
82 | 82 | | the Senate concurred in House amendments on May 29, 2009, by the |
---|
83 | 83 | | following vote: Yeas 31, Nays 0. |
---|
84 | 84 | | ______________________________ |
---|
85 | 85 | | Secretary of the Senate |
---|
86 | 86 | | I hereby certify that S.B. No. 283 passed the House, with |
---|
87 | 87 | | amendments, on May 21, 2009, by the following vote: Yeas 143, |
---|
88 | 88 | | Nays 0, two present not voting. |
---|
89 | 89 | | ______________________________ |
---|
90 | 90 | | Chief Clerk of the House |
---|
91 | 91 | | Approved: |
---|
92 | 92 | | ______________________________ |
---|
93 | 93 | | Date |
---|
94 | 94 | | ______________________________ |
---|
95 | 95 | | Governor |
---|