| 1 | 1 | | 85R13620 MM-F |
|---|
| 2 | 2 | | By: Bohac H.B. No. 4138 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to local school health advisory councils and to human |
|---|
| 8 | 8 | | sexuality education in public schools. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 28.004, Education Code, is amended by |
|---|
| 11 | 11 | | amending Subsections (d), (d-1), (f), (h), (i), and (i-1) and |
|---|
| 12 | 12 | | adding Subsections (i-2) and (i-3) to read as follows: |
|---|
| 13 | 13 | | (d) The local school health advisory council must consist of |
|---|
| 14 | 14 | | at least five members, with each member appointed by the [The] |
|---|
| 15 | 15 | | board of trustees [shall appoint at least five members to the local |
|---|
| 16 | 16 | | school health advisory council]. A majority of the members must be |
|---|
| 17 | 17 | | persons who are parents of students enrolled in the district and who |
|---|
| 18 | 18 | | are not employed by the district. One of those members shall serve |
|---|
| 19 | 19 | | as chair or co-chair of the council. The board of trustees also may |
|---|
| 20 | 20 | | appoint one or more persons from each of the following groups or a |
|---|
| 21 | 21 | | representative from a group other than a group specified under this |
|---|
| 22 | 22 | | subsection: |
|---|
| 23 | 23 | | (1) public school teachers; |
|---|
| 24 | 24 | | (2) public school administrators; |
|---|
| 25 | 25 | | (3) district students; |
|---|
| 26 | 26 | | (4) health care professionals; |
|---|
| 27 | 27 | | (5) the business community; |
|---|
| 28 | 28 | | (6) law enforcement; |
|---|
| 29 | 29 | | (7) senior citizens; |
|---|
| 30 | 30 | | (8) the clergy; |
|---|
| 31 | 31 | | (9) nonprofit health organizations; and |
|---|
| 32 | 32 | | (10) local domestic violence programs. |
|---|
| 33 | 33 | | (d-1) The local school health advisory council shall meet at |
|---|
| 34 | 34 | | least four times each year and promptly submit the minutes of each |
|---|
| 35 | 35 | | meeting to the school district. As soon as practicable after |
|---|
| 36 | 36 | | receipt of minutes under this subsection, the district shall post |
|---|
| 37 | 37 | | the minutes on the district's Internet website, if the district has |
|---|
| 38 | 38 | | an Internet website. |
|---|
| 39 | 39 | | (f) A school district may not distribute contraceptives, |
|---|
| 40 | 40 | | including condoms, to students enrolled in the district [in |
|---|
| 41 | 41 | | connection with instruction relating to human sexuality]. |
|---|
| 42 | 42 | | (h) The board of trustees shall review and adopt [determine |
|---|
| 43 | 43 | | the specific content of] the district's instruction in human |
|---|
| 44 | 44 | | sexuality, in accordance with Subsections (e)[, (f),] and (g). |
|---|
| 45 | 45 | | (i) Before each school year, a school district shall provide |
|---|
| 46 | 46 | | written notice to a parent of each student enrolled in the district |
|---|
| 47 | 47 | | of the board of trustees' decision regarding whether the district |
|---|
| 48 | 48 | | will provide human sexuality instruction to district students. If |
|---|
| 49 | 49 | | instruction will be provided: |
|---|
| 50 | 50 | | (1) the district shall post the notice on the |
|---|
| 51 | 51 | | district's Internet website, if the district has an Internet |
|---|
| 52 | 52 | | website; and |
|---|
| 53 | 53 | | (2) [,] the notice must include: |
|---|
| 54 | 54 | | (A) [(1)] a full and fair disclosure of the |
|---|
| 55 | 55 | | [summary of the basic] content of the district's human sexuality |
|---|
| 56 | 56 | | instruction to be provided to the student, including a statement |
|---|
| 57 | 57 | | informing the parent of the instructional requirements under state |
|---|
| 58 | 58 | | law; |
|---|
| 59 | 59 | | (B) [(2)] a statement of the parent's right to: |
|---|
| 60 | 60 | | (i) [(A)] review curriculum materials as |
|---|
| 61 | 61 | | provided by Subsection (j); and |
|---|
| 62 | 62 | | (ii) [(B)] remove the student from any part |
|---|
| 63 | 63 | | of the district's human sexuality instruction without subjecting |
|---|
| 64 | 64 | | the student to any disciplinary action, academic penalty, or other |
|---|
| 65 | 65 | | sanction imposed by the district or the student's school; and |
|---|
| 66 | 66 | | (C) [(3)] information describing the |
|---|
| 67 | 67 | | opportunities for parental involvement in the development of the |
|---|
| 68 | 68 | | curriculum to be used in human sexuality instruction, including |
|---|
| 69 | 69 | | information regarding the local school health advisory council |
|---|
| 70 | 70 | | established under Subsection (a). |
|---|
| 71 | 71 | | (i-1) If the board of trustees is considering a change to |
|---|
| 72 | 72 | | the content of a school district's human sexuality instruction, the |
|---|
| 73 | 73 | | district shall, as soon as practicable, provide to a parent of each |
|---|
| 74 | 74 | | student enrolled in the district and post on the district's |
|---|
| 75 | 75 | | Internet website, if the district has an Internet website, notice |
|---|
| 76 | 76 | | that details the proposed change and includes information regarding |
|---|
| 77 | 77 | | opportunities for public comment. The board of trustees shall |
|---|
| 78 | 78 | | provide a reasonable period for public comment before finalizing |
|---|
| 79 | 79 | | the change. |
|---|
| 80 | 80 | | (i-2) Notice provided to a parent under Subsection (i) or |
|---|
| 81 | 81 | | (i-1) may not be included with any other notice provided to the |
|---|
| 82 | 82 | | parent. |
|---|
| 83 | 83 | | (i-3) A parent may use the grievance procedure adopted under |
|---|
| 84 | 84 | | Section 26.011 concerning a complaint of a violation of this |
|---|
| 85 | 85 | | section [Subsection (i)]. |
|---|
| 86 | 86 | | SECTION 2. This Act applies beginning with the 2017-2018 |
|---|
| 87 | 87 | | school year. |
|---|
| 88 | 88 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 89 | 89 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 90 | 90 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 91 | 91 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 92 | 92 | | Act takes effect September 1, 2017. |
|---|