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.