1 | 1 | | 84R593 MEW-F |
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2 | 2 | | By: Ellis S.B. No. 88 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to health education curriculum and instruction in public |
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8 | 8 | | schools. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. This Act may be cited as the Texas Education |
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11 | 11 | | Works Act. |
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12 | 12 | | SECTION 2. Section 28.004, Education Code, is amended by |
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13 | 13 | | amending Subsection (e) and adding Subsection (o) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (e) Any course materials and instruction relating to human |
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16 | 16 | | sexuality, sexually transmitted diseases, or human |
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17 | 17 | | immunodeficiency virus or acquired immune deficiency syndrome |
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18 | 18 | | shall be selected by the board of trustees with the advice of the |
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19 | 19 | | local school health advisory council and [must]: |
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20 | 20 | | (1) must present abstinence from sexual activity as |
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21 | 21 | | the preferred choice of behavior in relationship to all sexual |
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22 | 22 | | activity for [unmarried] persons of school age; |
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23 | 23 | | (2) must devote sufficient [more] attention to |
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24 | 24 | | abstinence from sexual activity to emphasize the importance of |
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25 | 25 | | abstinence from sexual activity [than to any other behavior]; |
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26 | 26 | | (3) must emphasize that abstinence from sexual |
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27 | 27 | | activity, if used consistently and correctly, is the only method |
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28 | 28 | | that is 100 percent effective in preventing pregnancy, sexually |
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29 | 29 | | transmitted infections [diseases], sexually transmitted infection |
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30 | 30 | | with human immunodeficiency virus, [or] acquired immune deficiency |
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31 | 31 | | syndrome resulting from sexual activity, and the emotional distress |
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32 | 32 | | that may be [trauma] associated with adolescent sexual activity |
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33 | 33 | | that results in a sexually transmitted infection or an unintended |
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34 | 34 | | pregnancy; |
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35 | 35 | | (4) must direct adolescents to a standard of behavior |
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36 | 36 | | in which abstinence from sexual activity [before marriage] is the |
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37 | 37 | | most effective way to prevent pregnancy, sexually transmitted |
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38 | 38 | | infections [diseases], sexually transmitted [and] infection with |
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39 | 39 | | human immunodeficiency virus, and [or] acquired immune deficiency |
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40 | 40 | | syndrome resulting from sexual activity; [and] |
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41 | 41 | | (5) must present age-appropriate information; |
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42 | 42 | | (6) must be evidence-based; |
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43 | 43 | | (7) must provide information about the effectiveness |
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44 | 44 | | of methods approved by the United States Food and Drug |
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45 | 45 | | Administration for reducing the risk of contracting sexually |
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46 | 46 | | transmitted infections, including human immunodeficiency virus, |
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47 | 47 | | and preventing pregnancy; |
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48 | 48 | | (8) must include strategies to promote effective |
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49 | 49 | | communication between adolescents and their parents and other |
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50 | 50 | | family members about values and healthy relationships; |
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51 | 51 | | (9) must encourage students to develop healthy life |
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52 | 52 | | skills, including goal setting, responsible decision making, |
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53 | 53 | | refusal and negotiation, and effective communication; |
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54 | 54 | | (10) must teach skills for making responsible |
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55 | 55 | | decisions about sexual activity, including how to avoid unwanted |
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56 | 56 | | verbal or physical sexual advances and how to avoid making unwanted |
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57 | 57 | | verbal or physical sexual advances; and |
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58 | 58 | | (11) may not promote bias against: |
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59 | 59 | | (A) students of any race, gender, sexual |
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60 | 60 | | orientation, or ethnic or cultural background; |
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61 | 61 | | (B) sexually active students; or |
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62 | 62 | | (C) children with disabilities [teach |
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63 | 63 | | contraception and condom use in terms of human use reality rates |
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64 | 64 | | instead of theoretical laboratory rates, if instruction on |
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65 | 65 | | contraception and condoms is included in curriculum content]. |
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66 | 66 | | (o) In this section: |
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67 | 67 | | (1) "Age-appropriate information" means information, |
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68 | 68 | | including topics, messages, and teaching methods, that is suitable |
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69 | 69 | | for the particular ages or age groups of children and adolescents to |
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70 | 70 | | whom the information is to be presented based on the developing |
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71 | 71 | | cognitive, emotional, and behavioral capacity of children or |
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72 | 72 | | adolescents of that age or age group. |
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73 | 73 | | (2) "Evidence-based" means: |
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74 | 74 | | (A) verified or supported by research that is: |
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75 | 75 | | (i) in compliance with accepted scientific |
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76 | 76 | | methods; |
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77 | 77 | | (ii) published in peer-reviewed journals, |
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78 | 78 | | if appropriate; and |
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79 | 79 | | (iii) recognized as medically accurate, |
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80 | 80 | | objective, and complete by mainstream professional organizations |
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81 | 81 | | and agencies with expertise in the relevant field, including the |
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82 | 82 | | Centers for Disease Control and Prevention and the United States |
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83 | 83 | | Department of Health and Human Services' Office of Adolescent |
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84 | 84 | | Health; and |
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85 | 85 | | (B) proven, through rigorous scientific |
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86 | 86 | | evaluation, to achieve positive outcomes concerning sexually risky |
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87 | 87 | | behavior or negative health consequences of sexually risky |
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88 | 88 | | behavior. |
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89 | 89 | | SECTION 3. (a) A school district that uses instructional |
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90 | 90 | | materials that do not reflect the requirements prescribed by |
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91 | 91 | | Section 28.004(e), Education Code, as amended by this Act, shall |
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92 | 92 | | also use appropriate supplemental instructional materials as |
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93 | 93 | | necessary to comply with those requirements. |
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94 | 94 | | (b) A school district that permits a person not employed by |
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95 | 95 | | the district to present one or more components of the district's |
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96 | 96 | | human sexuality instruction must require the person to comply with |
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97 | 97 | | the requirements prescribed by Section 28.004(e), Education Code, |
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98 | 98 | | as amended by this Act. |
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99 | 99 | | SECTION 4. This Act applies beginning with the 2015-2016 |
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100 | 100 | | school year. |
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101 | 101 | | SECTION 5. This Act takes effect immediately if it receives |
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102 | 102 | | a vote of two-thirds of all the members elected to each house, as |
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103 | 103 | | provided by Section 39, Article III, Texas Constitution. If this |
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104 | 104 | | Act does not receive the vote necessary for immediate effect, this |
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105 | 105 | | Act takes effect September 1, 2015. |
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