Texas 2015 - 84th Regular

Texas Senate Bill SB88 Compare Versions

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11 84R593 MEW-F
22 By: Ellis S.B. No. 88
33
44
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 direct adolescents to a standard of behavior
3636 in which abstinence from sexual activity [before marriage] is the
3737 most effective way to prevent pregnancy, sexually transmitted
3838 infections [diseases], sexually transmitted [and] infection with
3939 human immunodeficiency virus, and [or] acquired immune deficiency
4040 syndrome resulting from sexual activity; [and]
4141 (5) must present age-appropriate information;
4242 (6) must be evidence-based;
4343 (7) must provide information about the effectiveness
4444 of methods approved by the United States Food and Drug
4545 Administration for reducing the risk of contracting sexually
4646 transmitted infections, including human immunodeficiency virus,
4747 and preventing pregnancy;
4848 (8) must include strategies to promote effective
4949 communication between adolescents and their parents and other
5050 family members about values and healthy relationships;
5151 (9) must encourage students to develop healthy life
5252 skills, including goal setting, responsible decision making,
5353 refusal and negotiation, and effective communication;
5454 (10) must teach skills for making responsible
5555 decisions about sexual activity, including how to avoid unwanted
5656 verbal or physical sexual advances and how to avoid making unwanted
5757 verbal or physical sexual advances; and
5858 (11) may not promote bias against:
5959 (A) students of any race, gender, sexual
6060 orientation, or ethnic or cultural background;
6161 (B) sexually active students; or
6262 (C) children with disabilities [teach
6363 contraception and condom use in terms of human use reality rates
6464 instead of theoretical laboratory rates, if instruction on
6565 contraception and condoms is included in curriculum content].
6666 (o) In this section:
6767 (1) "Age-appropriate information" means information,
6868 including topics, messages, and teaching methods, that is suitable
6969 for the particular ages or age groups of children and adolescents to
7070 whom the information is to be presented based on the developing
7171 cognitive, emotional, and behavioral capacity of children or
7272 adolescents of that age or age group.
7373 (2) "Evidence-based" means:
7474 (A) verified or supported by research that is:
7575 (i) in compliance with accepted scientific
7676 methods;
7777 (ii) published in peer-reviewed journals,
7878 if appropriate; and
7979 (iii) recognized as medically accurate,
8080 objective, and complete by mainstream professional organizations
8181 and agencies with expertise in the relevant field, including the
8282 Centers for Disease Control and Prevention and the United States
8383 Department of Health and Human Services' Office of Adolescent
8484 Health; and
8585 (B) proven, through rigorous scientific
8686 evaluation, to achieve positive outcomes concerning sexually risky
8787 behavior or negative health consequences of sexually risky
8888 behavior.
8989 SECTION 3. (a) A school district that uses instructional
9090 materials that do not reflect the requirements prescribed by
9191 Section 28.004(e), Education Code, as amended by this Act, shall
9292 also use appropriate supplemental instructional materials as
9393 necessary to comply with those requirements.
9494 (b) A school district that permits a person not employed by
9595 the district to present one or more components of the district's
9696 human sexuality instruction must require the person to comply with
9797 the requirements prescribed by Section 28.004(e), Education Code,
9898 as amended by this Act.
9999 SECTION 4. This Act applies beginning with the 2015-2016
100100 school year.
101101 SECTION 5. This Act takes effect immediately if it receives
102102 a vote of two-thirds of all the members elected to each house, as
103103 provided by Section 39, Article III, Texas Constitution. If this
104104 Act does not receive the vote necessary for immediate effect, this
105105 Act takes effect September 1, 2015.