Texas 2019 - 86th Regular

Texas House Bill HB3144 Compare Versions

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

Old	New	Differences
1	1	86R14138 KJE-D
2	2	By: Meza H.B. No. 3144
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;
48	48	(7) discuss:
49	49	(A) consent as an unambiguous and voluntary
50	50	agreement from each participant to engage in each physical act;
51	51	(B) the importance of respecting personal
52	52	boundaries; and
53	53	(C) how to prevent, identify, and report sexual
54	54	harassment or abuse;
55	55	(8) cover reproductive health; and
56	56	(9) promote relationship, communication, and
57	57	decision-making skills, including strategies to:
58	58	(A) develop healthy, age-appropriate
59	59	relationships;
60	60	(B) develop healthy life skills, including
61	61	critical thinking, problem solving, effective communication, and
62	62	responsible decision making about sexuality and relationships; and
63	63	(C) promote effective communication between
64	64	adolescents and their parents, legal guardians, or other family
65	65	members about sexuality and relationships.
66	66	(d) A school district may separate students according to sex
67	67	when providing instruction under this section.
68	68	(e) A school district shall make all curriculum materials
69	69	used in the district's human sexuality education available for
70	70	reasonable public inspection.
71	71	(f) A school district shall adopt a policy regarding whether
72	72	condoms may be distributed in connection with human sexuality
73	73	education.
74	74	(g) A student shall be excused from human sexuality
75	75	education on the written request of a parent or legal guardian
76	76	without being subjected to any disciplinary action, academic
77	77	penalty, or other sanction imposed by the school district or the
78	78	student's school.
79	79	(h) Before each school year, a school district shall provide
80	80	written notice to a parent or legal guardian of each student
81	81	enrolled in the district of the intent to provide human sexuality
82	82	education under this section. The notice must include:
83	83	(1) a summary of the basic content of the human
84	84	sexuality education to be provided to the student;
85	85	(2) the district's policy on the distribution of
86	86	condoms in connection with human sexuality education; and
87	87	(3) a statement of the parent's or legal guardian's
88	88	right to:
89	89	(A) review curriculum materials as provided by
90	90	Subsection (e); and
91	91	(B) remove the student from any part of the
92	92	district's human sexuality education as provided by Subsection (g).
93	93	SECTION 2. Section 12.104(b), Education Code, as amended by
94	94	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
95	95	of the 85th Legislature, Regular Session, 2017, is reenacted and
96	96	amended to read as follows:
97	97	(b) An open-enrollment charter school is subject to:
98	98	(1) a provision of this title establishing a criminal
99	99	offense; and
100	100	(2) a prohibition, restriction, or requirement, as
101	101	applicable, imposed by this title or a rule adopted under this
102	102	title, relating to:
103	103	(A) the Public Education Information Management
104	104	System (PEIMS) to the extent necessary to monitor compliance with
105	105	this subchapter as determined by the commissioner;
106	106	(B) criminal history records under Subchapter C,
107	107	Chapter 22;
108	108	(C) reading instruments and accelerated reading
109	109	instruction programs under Section 28.006;
110	110	(D) accelerated instruction under Section
111	111	28.0211;
112	112	(E) high school graduation requirements under
113	113	Section 28.025;
114	114	(F) special education programs under Subchapter
115	115	A, Chapter 29;
116	116	(G) bilingual education under Subchapter B,
117	117	Chapter 29;
118	118	(H) prekindergarten programs under Subchapter E
119	119	or E-1, Chapter 29;
120	120	(I) extracurricular activities under Section
121	121	33.081;
122	122	(J) discipline management practices or behavior
123	123	management techniques under Section 37.0021;
124	124	(K) health and safety under Chapter 38;
125	125	(L) public school accountability under
126	126	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
127	127	(M) the requirement under Section 21.006 to
128	128	report an educator's misconduct;
129	129	(N) intensive programs of instruction under
130	130	Section 28.0213;
131	131	(O) the right of a school employee to report a
132	132	crime, as provided by Section 37.148; [and]
133	133	(P) bullying prevention policies and procedures
134	134	under Section 37.0832;
135	135	(Q) the right of a school under Section 37.0052
136	136	to place a student who has engaged in certain bullying behavior in a
137	137	disciplinary alternative education program or to expel the student;
138	138	[and]
139	139	(R) the right under Section 37.0151 to report to
140	140	local law enforcement certain conduct constituting assault or
141	141	harassment;
142	142	(S) [(P)] a parent's right to information
143	143	regarding the provision of assistance for learning difficulties to
144	144	the parent's child as provided by Sections 26.004(b)(11) and
145	145	26.0081(c) and (d); and
146	146	(T) human sexuality education under Section
147	147	28.0041.
148	148	SECTION 3. Sections 28.004(c) and (n), Education Code, are
149	149	amended to read as follows:
150	150	(c) The local school health advisory council's duties
151	151	include recommending:
152	152	(1) the number of hours of instruction to be provided
153	153	in health education;
154	154	(2) policies, procedures, strategies, and curriculum
155	155	appropriate for specific grade levels designed to prevent obesity,
156	156	cardiovascular disease, Type 2 diabetes, and mental health concerns
157	157	through coordination of:
158	158	(A) health education;
159	159	(B) physical education and physical activity;
160	160	(C) nutrition services;
161	161	(D) parental involvement;
162	162	(E) instruction to prevent the use of
163	163	e-cigarettes, as defined by Section 161.081, Health and Safety
164	164	Code, and tobacco;
165	165	(F) school health services;
166	166	(G) counseling and guidance services;
167	167	(H) a safe and healthy school environment; and
168	168	(I) school employee wellness;
169	169	(3) [appropriate grade levels and methods of
170	170	instruction for human sexuality instruction;
171	171	[(4)] strategies for integrating the curriculum
172	172	components specified by Subdivision (2) with the following elements
173	173	in a coordinated school health program for the district:
174	174	(A) school health services;
175	175	(B) counseling and guidance services;
176	176	(C) a safe and healthy school environment; and
177	177	(D) school employee wellness; and
178	178	(4) [(5)] if feasible, joint use agreements or
179	179	strategies for collaboration between the school district and
180	180	community organizations or agencies.
181	181	(n) Any joint use agreement that a school district and
182	182	community organization or agency enter into based on a
183	183	recommendation of the local school health advisory council under
184	184	Subsection (c)(4) [(c)(5)] must address liability for the school
185	185	district and community organization or agency in the agreement.
186	186	SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1),
187	187	and (j), Education Code, are repealed.
188	188	SECTION 5. This Act applies beginning with the 2020-2021
189	189	school year.
190	190	SECTION 6. To the extent of any conflict, this Act prevails
191	191	over another Act of the 86th Legislature, Regular Session, 2019,
192	192	relating to nonsubstantive additions to and corrections in enacted
193	193	codes.
194	194	SECTION 7. This Act takes effect immediately if it receives
195	195	a vote of two-thirds of all the members elected to each house, as
196	196	provided by Section 39, Article III, Texas Constitution. If this
197	197	Act does not receive the vote necessary for immediate effect, this
198	198	Act takes effect September 1, 2019.