Texas 2019 - 86th Regular

Texas House Bill HB2161 Compare Versions

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

Old	New	Differences
1	1	86R931 KJE-F
2	2	By: Cole H.B. No. 2161
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 28.0041 to read as follows:
11	11	Sec. 28.0041. 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 or legal guardian of each student
73	73	enrolled in the district of the intent to provide human sexuality
74	74	education under this 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 or legal guardian's
80	80	right to:
81	81	(A) review curriculum materials as provided by
82	82	Subsection (e); and
83	83	(B) remove the student from any part of the
84	84	district's human sexuality education as provided by Subsection (g).
85	85	SECTION 2. Section 12.104(b), Education Code, as amended by
86	86	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
87	87	of the 85th Legislature, Regular Session, 2017, is reenacted and
88	88	amended to read as follows:
89	89	(b) An open-enrollment charter school is subject to:
90	90	(1) a provision of this title establishing a criminal
91	91	offense; and
92	92	(2) a prohibition, restriction, or requirement, as
93	93	applicable, imposed by this title or a rule adopted under this
94	94	title, relating to:
95	95	(A) the Public Education Information Management
96	96	System (PEIMS) to the extent necessary to monitor compliance with
97	97	this subchapter as determined by the commissioner;
98	98	(B) criminal history records under Subchapter C,
99	99	Chapter 22;
100	100	(C) reading instruments and accelerated reading
101	101	instruction programs under Section 28.006;
102	102	(D) accelerated instruction under Section
103	103	28.0211;
104	104	(E) high school graduation requirements under
105	105	Section 28.025;
106	106	(F) special education programs under Subchapter
107	107	A, Chapter 29;
108	108	(G) bilingual education under Subchapter B,
109	109	Chapter 29;
110	110	(H) prekindergarten programs under Subchapter E
111	111	or E-1, Chapter 29;
112	112	(I) extracurricular activities under Section
113	113	33.081;
114	114	(J) discipline management practices or behavior
115	115	management techniques under Section 37.0021;
116	116	(K) health and safety under Chapter 38;
117	117	(L) public school accountability under
118	118	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
119	119	(M) the requirement under Section 21.006 to
120	120	report an educator's misconduct;
121	121	(N) intensive programs of instruction under
122	122	Section 28.0213;
123	123	(O) the right of a school employee to report a
124	124	crime, as provided by Section 37.148; [and]
125	125	(P) bullying prevention policies and procedures
126	126	under Section 37.0832;
127	127	(Q) the right of a school under Section 37.0052
128	128	to place a student who has engaged in certain bullying behavior in a
129	129	disciplinary alternative education program or to expel the student;
130	130	[and]
131	131	(R) the right under Section 37.0151 to report to
132	132	local law enforcement certain conduct constituting assault or
133	133	harassment;
134	134	(S) [(P)] a parent's right to information
135	135	regarding the provision of assistance for learning difficulties to
136	136	the parent's child as provided by Sections 26.004(b)(11) and
137	137	26.0081(c) and (d); and
138	138	(T) human sexuality education under Section
139	139	28.0041.
140	140	SECTION 3. Sections 28.004(c) and (n), Education Code, are
141	141	amended to read as follows:
142	142	(c) The local school health advisory council's duties
143	143	include recommending:
144	144	(1) the number of hours of instruction to be provided
145	145	in health education;
146	146	(2) policies, procedures, strategies, and curriculum
147	147	appropriate for specific grade levels designed to prevent obesity,
148	148	cardiovascular disease, Type 2 diabetes, and mental health concerns
149	149	through coordination of:
150	150	(A) health education;
151	151	(B) physical education and physical activity;
152	152	(C) nutrition services;
153	153	(D) parental involvement;
154	154	(E) instruction to prevent the use of
155	155	e-cigarettes, as defined by Section 161.081, Health and Safety
156	156	Code, and tobacco;
157	157	(F) school health services;
158	158	(G) counseling and guidance services;
159	159	(H) a safe and healthy school environment; and
160	160	(I) school employee wellness;
161	161	(3) [appropriate grade levels and methods of
162	162	instruction for human sexuality instruction;
163	163	[(4)] strategies for integrating the curriculum
164	164	components specified by Subdivision (2) with the following elements
165	165	in a coordinated school health program for the district:
166	166	(A) school health services;
167	167	(B) counseling and guidance services;
168	168	(C) a safe and healthy school environment; and
169	169	(D) school employee wellness; and
170	170	(4) [(5)] if feasible, joint use agreements or
171	171	strategies for collaboration between the school district and
172	172	community organizations or agencies.
173	173	(n) Any joint use agreement that a school district and
174	174	community organization or agency enter into based on a
175	175	recommendation of the local school health advisory council under
176	176	Subsection (c)(4) [(c)(5)] must address liability for the school
177	177	district and community organization or agency in the agreement.
178	178	SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1),
179	179	and (j), Education Code, are repealed.
180	180	SECTION 5. This Act applies beginning with the 2020-2021
181	181	school year.
182	182	SECTION 6. This Act takes effect immediately if it receives
183	183	a vote of two-thirds of all the members elected to each house, as
184	184	provided by Section 39, Article III, Texas Constitution. If this
185	185	Act does not receive the vote necessary for immediate effect, this
186	186	Act takes effect September 1, 2019.