Texas 2017 - 85th Regular

Texas Senate Bill SB1104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9642 KJE-F
2	2	By: Watson S.B. No. 1104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to human sexuality education in public schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 28, Education Code, is
10	10	amended by adding Section 28.0043 to read as follows:
11	11	Sec. 28.0043. HUMAN SEXUALITY EDUCATION. (a) In this
12	12	section:
13	13	(1) "Age appropriate" means topics, messages, and
14	14	teaching methods suitable to particular ages or age groups of
15	15	children or adolescents, based on developing cognitive, emotional,
16	16	and behavioral capacity typical for the age or age group.
17	17	(2) "Medically accurate" means supported by
18	18	peer-reviewed research conducted in compliance with accepted
19	19	scientific methods and recognized as accurate by leading
20	20	professional organizations and agencies with relevant experience,
21	21	such as the American Medical Association.
22	22	(b) A school district shall provide human sexuality
23	23	education in accordance with this section at grade levels specified
24	24	by the State Board of Education.
25	25	(c) The State Board of Education by rule shall adopt the
26	26	essential knowledge and skills for medically accurate,
27	27	age-appropriate curriculum to be used by a school district in
28	28	providing human sexuality education under this section. As age
29	29	appropriate, the curriculum must:
30	30	(1) cover human sexuality, pregnancy, and sexually
31	31	transmitted infections;
32	32	(2) discuss human sexuality as a normal and healthy
33	33	aspect of human development;
34	34	(3) present abstinence from sexual activity as the
35	35	preferred choice of behavior in relationship to all sexual activity
36	36	for unmarried persons of school age;
37	37	(4) devote sufficient attention to abstinence from
38	38	sexual activity to emphasize the importance of abstinence;
39	39	(5) emphasize that abstinence from sexual activity, if
40	40	used consistently and correctly, is the only method that is 100
41	41	percent effective in preventing pregnancy and sexually transmitted
42	42	infections;
43	43	(6) provide information about the health benefits,
44	44	side effects, and proper use of the methods approved by the United
45	45	States Food and Drug Administration for preventing unintended
46	46	pregnancy and reducing the risk of contracting sexually transmitted
47	47	infections; and
48	48	(7) promote relationship, communication, and
49	49	decision-making skills, including strategies to:
50	50	(A) develop healthy, age-appropriate
51	51	relationships;
52	52	(B) develop healthy life skills, including
53	53	critical thinking, problem solving, effective communication, and
54	54	responsible decision making about sexuality and relationships; and
55	55	(C) promote effective communication between
56	56	adolescents and their parents, legal guardians, or other family
57	57	members about sexuality and relationships.
58	58	(d) A school district may separate students according to sex
59	59	when providing instruction under this section.
60	60	(e) A school district shall make all curriculum materials
61	61	used in the district's human sexuality education available for
62	62	reasonable public inspection.
63	63	(f) A school district shall adopt a policy regarding whether
64	64	condoms may be distributed in connection with human sexuality
65	65	education.
66	66	(g) A student shall be excused from human sexuality
67	67	education on the written request of a parent or legal guardian
68	68	without being subjected to any disciplinary action, academic
69	69	penalty, or other sanction imposed by the school district or the
70	70	student's school.
71	71	(h) Before each school year, a school district shall provide
72	72	written notice to a parent of each student enrolled in the district
73	73	of the intent to provide human sexuality education under this
74	74	section. The notice must include:
75	75	(1) a summary of the basic content of the human
76	76	sexuality education to be provided to the student;
77	77	(2) the district's policy on the distribution of
78	78	condoms in connection with human sexuality education; and
79	79	(3) a statement of the parent's right to:
80	80	(A) review curriculum materials as provided by
81	81	Subsection (e); and
82	82	(B) remove the student from any part of the
83	83	district's human sexuality education as provided by Subsection (g).
84	84	SECTION 2. Section 12.104(b), Education Code, is amended to
85	85	read as follows:
86	86	(b) An open-enrollment charter school is subject to:
87	87	(1) a provision of this title establishing a criminal
88	88	offense; and
89	89	(2) a prohibition, restriction, or requirement, as
90	90	applicable, imposed by this title or a rule adopted under this
91	91	title, relating to:
92	92	(A) the Public Education Information Management
93	93	System (PEIMS) to the extent necessary to monitor compliance with
94	94	this subchapter as determined by the commissioner;
95	95	(B) criminal history records under Subchapter C,
96	96	Chapter 22;
97	97	(C) reading instruments and accelerated reading
98	98	instruction programs under Section 28.006;
99	99	(D) accelerated instruction under Section
100	100	28.0211;
101	101	(E) high school graduation requirements under
102	102	Section 28.025;
103	103	(F) special education programs under Subchapter
104	104	A, Chapter 29;
105	105	(G) bilingual education under Subchapter B,
106	106	Chapter 29;
107	107	(H) prekindergarten programs under Subchapter E
108	108	or E-1, Chapter 29;
109	109	(I) extracurricular activities under Section
110	110	33.081;
111	111	(J) discipline management practices or behavior
112	112	management techniques under Section 37.0021;
113	113	(K) health and safety under Chapter 38;
114	114	(L) public school accountability under
115	115	Subchapters B, C, D, E, F, G, and J, Chapter 39;
116	116	(M) the requirement under Section 21.006 to
117	117	report an educator's misconduct;
118	118	(N) intensive programs of instruction under
119	119	Section 28.0213; [and]
120	120	(O) the right of a school employee to report a
121	121	crime, as provided by Section 37.148; and
122	122	(P) human sexuality education under Section
123	123	28.0043.
124	124	SECTION 3. Sections 28.004(c) and (n), Education Code, are
125	125	amended to read as follows:
126	126	(c) The local school health advisory council's duties
127	127	include recommending:
128	128	(1) the number of hours of instruction to be provided
129	129	in health education;
130	130	(2) policies, procedures, strategies, and curriculum
131	131	appropriate for specific grade levels designed to prevent obesity,
132	132	cardiovascular disease, Type 2 diabetes, and mental health concerns
133	133	through coordination of:
134	134	(A) health education;
135	135	(B) physical education and physical activity;
136	136	(C) nutrition services;
137	137	(D) parental involvement;
138	138	(E) instruction to prevent the use of tobacco;
139	139	(F) school health services;
140	140	(G) counseling and guidance services;
141	141	(H) a safe and healthy school environment; and
142	142	(I) school employee wellness;
143	143	(3) [appropriate grade levels and methods of
144	144	instruction for human sexuality instruction;
145	145	[(4)] strategies for integrating the curriculum
146	146	components specified by Subdivision (2) with the following elements
147	147	in a coordinated school health program for the district:
148	148	(A) school health services;
149	149	(B) counseling and guidance services;
150	150	(C) a safe and healthy school environment; and
151	151	(D) school employee wellness; and
152	152	(4) [(5)] if feasible, joint use agreements or
153	153	strategies for collaboration between the school district and
154	154	community organizations or agencies.
155	155	(n) Any joint use agreement that a school district and
156	156	community organization or agency enter into based on a
157	157	recommendation of the local school health advisory council under
158	158	Subsection (c)(4) [(c)(5)] must address liability for the school
159	159	district and community organization or agency in the agreement.
160	160	SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1),
161	161	and (j), Education Code, are repealed.
162	162	SECTION 5. This Act applies beginning with the 2018-2019
163	163	school year.
164	164	SECTION 6. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2017.