85R13620 MM-F
By: Bohac H.B. No. 4138
A BILL TO BE ENTITLED
AN ACT
relating to local school health advisory councils and to human
sexuality education 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 (d), (d-1), (f), (h), (i), and (i-1) and
adding Subsections (i-2) and (i-3) to read as follows:
(d) The local school health advisory council must consist of
at least five members, with each member appointed by the [The]
board of trustees [shall appoint at least five members to the local
school health advisory council]. A majority of the members must be
persons who are parents of students enrolled in the district and who
are not employed by the district. One of those members shall serve
as chair or co-chair of the council. The board of trustees also may
appoint one or more persons from each of the following groups or a
representative from a group other than a group specified under this
subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy;
(9) nonprofit health organizations; and
(10) local domestic violence programs.
(d-1) The local school health advisory council shall meet at
least four times each year and promptly submit the minutes of each
meeting to the school district. As soon as practicable after
receipt of minutes under this subsection, the district shall post
the minutes on the district's Internet website, if the district has
an Internet website.
(f) A school district may not distribute contraceptives,
including condoms, to students enrolled in the district [in
connection with instruction relating to human sexuality].
(h) The board of trustees shall review and adopt [determine
the specific content of] the district's instruction in human
sexuality, in accordance with Subsections (e)[, (f),] and (g).
(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:
(1) the district shall post the notice on the
district's Internet website, if the district has an Internet
website; and
(2) [,] the notice must include:
(A) [(1)] a full and fair disclosure of the
[summary of the basic] content of the district's human sexuality
instruction to be provided to the student, including a statement
informing the parent of the instructional requirements under state
law;
(B) [(2)] a statement of the parent's right to:
(i) [(A)] review curriculum materials as
provided by Subsection (j); and
(ii) [(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
(C) [(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).
(i-1) If the board of trustees is considering a change to
the content of a school district's human sexuality instruction, the
district shall, as soon as practicable, provide to a parent of each
student enrolled in the district and post on the district's
Internet website, if the district has an Internet website, notice
that details the proposed change and includes information regarding
opportunities for public comment. The board of trustees shall
provide a reasonable period for public comment before finalizing
the change.
(i-2) Notice provided to a parent under Subsection (i) or
(i-1) may not be included with any other notice provided to the
parent.
(i-3) A parent may use the grievance procedure adopted under
Section 26.011 concerning a complaint of a violation of this
section [Subsection (i)].
SECTION 2. This Act applies beginning with the 2017-2018
school year.
SECTION 3. 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, 2017.