84R5749 MEW-F
By: Turner of Tarrant H.B. No. 1351
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. This Act may be cited as the Texas Education
Works Act.
SECTION 2. Section 28.004, Education Code, is amended by
amending Subsection (e) and adding Subsection (o) to read as
follows:
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted 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) must present abstinence from sexual activity as
the preferred choice of behavior in relationship to all sexual
activity for [unmarried] persons of school age;
(2) must devote sufficient [more] attention to
abstinence from sexual activity to emphasize the importance of
abstinence from sexual activity [than to any other behavior];
(3) must 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], sexually transmitted infection
with human immunodeficiency virus, [or] acquired immune deficiency
syndrome resulting from sexual activity, 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) must present age-appropriate information [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 diseases, and infection
with human immunodeficiency virus or acquired immune deficiency
syndrome]; [and]
(5) must be medically accurate and, to the extent
possible, evidence-based;
(6) must provide information about the effectiveness,
proper use, health benefits, and side effects 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 pregnancy;
(7) must include strategies to promote effective
communication between adolescents and their parents, legal
guardians, and other family members about sexuality and healthy
relationships;
(8) must encourage students to develop healthy life
skills, including goal setting, critical thinking, problem
solving, responsible decision-making regarding sexuality and
relationships, refusal and negotiation, and effective
communication;
(9) must teach skills for making responsible decisions
about sexual activity, including how to avoid unwanted verbal or
physical sexual advances and how to avoid making unwanted verbal or
physical sexual advances; and
(10) may not promote bias against:
(A) students of any race, gender, sexual
orientation, or ethnic or cultural background;
(B) sexually active students;
(C) children with disabilities; or
(D) students with children [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].
(o) In this section:
(1) "Age-appropriate information" means information,
including topics, messages, and teaching methods, that is suitable
for the particular ages or age groups of children and adolescents to
whom the information is to be presented based on the developing
cognitive, emotional, and behavioral capacity of children or
adolescents of that age or age group.
(2) "Evidence-based" means:
(A) verified or supported by research that is:
(i) in compliance with accepted scientific
methods; and
(ii) published in peer-reviewed journals,
if appropriate; and
(B) proven, through rigorous scientific
evaluation, to achieve positive outcomes concerning risky sexual
behaviors or negative health consequences from risky sexual
behaviors.
(3) "Medically accurate" means objective, complete,
and consistent with information available from mainstream
professional organizations and agencies with expertise in the
relevant field, including the Centers for Disease Control and
Prevention and the United States Department of Health and Human
Services' Office of Adolescent Health.
SECTION 3. (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 4. This Act applies beginning with the 2015-2016
school year.
SECTION 5. 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.