Texas 2015 - 84th Regular

Texas House Bill HB1351 Compare Versions

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11 84R5749 MEW-F
22 By: Turner of Tarrant H.B. No. 1351
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to health education curriculum and instruction in public
88 schools.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. This Act may be cited as the Texas Education
1111 Works Act.
1212 SECTION 2. Section 28.004, Education Code, is amended by
1313 amending Subsection (e) and adding Subsection (o) to read as
1414 follows:
1515 (e) Any course materials and instruction relating to human
1616 sexuality, sexually transmitted diseases, or human
1717 immunodeficiency virus or acquired immune deficiency syndrome
1818 shall be selected by the board of trustees with the advice of the
1919 local school health advisory council and [must]:
2020 (1) must present abstinence from sexual activity as
2121 the preferred choice of behavior in relationship to all sexual
2222 activity for [unmarried] persons of school age;
2323 (2) must devote sufficient [more] attention to
2424 abstinence from sexual activity to emphasize the importance of
2525 abstinence from sexual activity [than to any other behavior];
2626 (3) must emphasize that abstinence from sexual
2727 activity, if used consistently and correctly, is the only method
2828 that is 100 percent effective in preventing pregnancy, sexually
2929 transmitted infections [diseases], sexually transmitted infection
3030 with human immunodeficiency virus, [or] acquired immune deficiency
3131 syndrome resulting from sexual activity, and the emotional distress
3232 that may be [trauma] associated with adolescent sexual activity
3333 that results in a sexually transmitted infection or an unintended
3434 pregnancy;
3535 (4) must present age-appropriate information [direct
3636 adolescents to a standard of behavior in which abstinence from
3737 sexual activity before marriage is the most effective way to
3838 prevent pregnancy, sexually transmitted diseases, and infection
3939 with human immunodeficiency virus or acquired immune deficiency
4040 syndrome]; [and]
4141 (5) must be medically accurate and, to the extent
4242 possible, evidence-based;
4343 (6) must provide information about the effectiveness,
4444 proper use, health benefits, and side effects of methods approved
4545 by the United States Food and Drug Administration for reducing the
4646 risk of contracting sexually transmitted infections, including
4747 human immunodeficiency virus, and preventing pregnancy;
4848 (7) must include strategies to promote effective
4949 communication between adolescents and their parents, legal
5050 guardians, and other family members about sexuality and healthy
5151 relationships;
5252 (8) must encourage students to develop healthy life
5353 skills, including goal setting, critical thinking, problem
5454 solving, responsible decision-making regarding sexuality and
5555 relationships, refusal and negotiation, and effective
5656 communication;
5757 (9) must teach skills for making responsible decisions
5858 about sexual activity, including how to avoid unwanted verbal or
5959 physical sexual advances and how to avoid making unwanted verbal or
6060 physical sexual advances; and
6161 (10) may not promote bias against:
6262 (A) students of any race, gender, sexual
6363 orientation, or ethnic or cultural background;
6464 (B) sexually active students;
6565 (C) children with disabilities; or
6666 (D) students with children [teach contraception
6767 and condom use in terms of human use reality rates instead of
6868 theoretical laboratory rates, if instruction on contraception and
6969 condoms is included in curriculum content].
7070 (o) In this section:
7171 (1) "Age-appropriate information" means information,
7272 including topics, messages, and teaching methods, that is suitable
7373 for the particular ages or age groups of children and adolescents to
7474 whom the information is to be presented based on the developing
7575 cognitive, emotional, and behavioral capacity of children or
7676 adolescents of that age or age group.
7777 (2) "Evidence-based" means:
7878 (A) verified or supported by research that is:
7979 (i) in compliance with accepted scientific
8080 methods; and
8181 (ii) published in peer-reviewed journals,
8282 if appropriate; and
8383 (B) proven, through rigorous scientific
8484 evaluation, to achieve positive outcomes concerning risky sexual
8585 behaviors or negative health consequences from risky sexual
8686 behaviors.
8787 (3) "Medically accurate" means objective, complete,
8888 and consistent with information available from mainstream
8989 professional organizations and agencies with expertise in the
9090 relevant field, including the Centers for Disease Control and
9191 Prevention and the United States Department of Health and Human
9292 Services' Office of Adolescent Health.
9393 SECTION 3. (a) A school district that uses instructional
9494 materials that do not reflect the requirements prescribed by
9595 Section 28.004(e), Education Code, as amended by this Act, shall
9696 also use appropriate supplemental instructional materials as
9797 necessary to comply with those requirements.
9898 (b) A school district that permits a person not employed by
9999 the district to present one or more components of the district's
100100 human sexuality instruction must require the person to comply with
101101 the requirements prescribed by Section 28.004(e), Education Code,
102102 as amended by this Act.
103103 SECTION 4. This Act applies beginning with the 2015-2016
104104 school year.
105105 SECTION 5. This Act takes effect immediately if it receives
106106 a vote of two-thirds of all the members elected to each house, as
107107 provided by Section 39, Article III, Texas Constitution. If this
108108 Act does not receive the vote necessary for immediate effect, this
109109 Act takes effect September 1, 2015.