Texas 2019 - 86th Regular

Texas House Bill HB3719 Compare Versions

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

Old	New	Differences
1	1	86R8831 KJE-F
2	2	By: González of El Paso H.B. No. 3719
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 suitable to particular
14	14	ages or age groups of children or adolescents, based on developing
15	15	cognitive, emotional, and behavioral capacity typical for the age
16	16	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 curricula to be used by a school district in
28	28	providing human sexuality education under this section. As
29	29	age-appropriate, the curricula must:
30	30	(1) include affirming information regarding gender
31	31	identity, gender expression, and sexual orientation;
32	32	(2) cover human sexuality, pregnancy, and sexually
33	33	transmitted infections;
34	34	(3) discuss human sexuality as a normal and healthy
35	35	aspect of human development;
36	36	(4) discuss:
37	37	(A) consent as an unambiguous and voluntary
38	38	agreement from each participant to engage in each physical act; and
39	39	(B) the importance of respecting personal
40	40	boundaries;
41	41	(5) present abstinence from sexual activity as the
42	42	preferred choice of behavior in relationship to all sexual activity
43	43	for unmarried persons of school age;
44	44	(6) devote sufficient attention to abstinence from
45	45	sexual activity to emphasize the importance of abstinence;
46	46	(7) emphasize that abstinence from sexual activity, if
47	47	used consistently and correctly, is the only method that is 100
48	48	percent effective in preventing pregnancy and sexually transmitted
49	49	infections;
50	50	(8) provide information about the health benefits,
51	51	side effects, and proper use of the methods approved by the United
52	52	States Food and Drug Administration for preventing unintended
53	53	pregnancy and reducing the risk of contracting sexually transmitted
54	54	infections;
55	55	(9) cover women's health, including the importance and
56	56	purpose of regular gynecological exams, Pap smear screenings, and
57	57	testing for sexually transmitted infections;
58	58	(10) promote relationship, communication, and
59	59	decision-making skills, including strategies to:
60	60	(A) develop healthy, age-appropriate
61	61	relationships;
62	62	(B) develop healthy life skills, including
63	63	critical thinking, problem solving, effective communication, and
64	64	responsible decision making about sexuality and relationships; and
65	65	(C) promote effective communication between
66	66	adolescents and their parents, legal guardians, or other family
67	67	members about sexuality and relationships; and
68	68	(11) discuss the basic protections provided by Title
69	69	IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et
70	70	seq.) regarding sexual harassment and sexual assault or abuse,
71	71	including:
72	72	(A) a student's rights under that provision;
73	73	(B) how to identify and report incidents of
74	74	sexual harassment or sexual assault or abuse; and
75	75	(C) the availability of relevant services for
76	76	victims of sexual harassment or sexual assault or abuse, such as
77	77	mental health or trauma counseling, academic accommodations, or
78	78	health service referrals.
79	79	(d) A school district may separate students according to sex
80	80	when providing instruction under this section.
81	81	(e) A school district shall make all curriculum materials
82	82	used in the district's human sexuality education available for
83	83	reasonable public inspection.
84	84	(f) A school district shall adopt a policy regarding whether
85	85	male or female condoms may be distributed in connection with human
86	86	sexuality education.
87	87	(g) A school district shall adopt a best practice-based
88	88	policy regarding the provision of menstrual products to students
89	89	enrolled in the district.
90	90	(h) A student shall be excused from human sexuality
91	91	education on the written request of a parent or legal guardian
92	92	without being subjected to any disciplinary action, academic
93	93	penalty, or other sanction imposed by the school district or the
94	94	student's school.
95	95	(i) Before each school year, a school district shall provide
96	96	written notice to a parent or legal guardian of each student
97	97	enrolled in the district of the intent to provide human sexuality
98	98	education under this section. The notice must include:
99	99	(1) a summary of the basic content of the human
100	100	sexuality education to be provided to the student;
101	101	(2) the district's policy on the distribution of
102	102	condoms in connection with human sexuality education; and
103	103	(3) a statement of the parent's or legal guardian's
104	104	right to:
105	105	(A) review curriculum materials as provided by
106	106	Subsection (e); and
107	107	(B) remove the student from any part of the
108	108	district's human sexuality education as provided by Subsection (h).
109	109	SECTION 2. Section 12.104(b), Education Code, as amended by
110	110	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
111	111	of the 85th Legislature, Regular Session, 2017, is reenacted and
112	112	amended to read as follows:
113	113	(b) An open-enrollment charter school is subject to:
114	114	(1) a provision of this title establishing a criminal
115	115	offense; and
116	116	(2) a prohibition, restriction, or requirement, as
117	117	applicable, imposed by this title or a rule adopted under this
118	118	title, relating to:
119	119	(A) the Public Education Information Management
120	120	System (PEIMS) to the extent necessary to monitor compliance with
121	121	this subchapter as determined by the commissioner;
122	122	(B) criminal history records under Subchapter C,
123	123	Chapter 22;
124	124	(C) reading instruments and accelerated reading
125	125	instruction programs under Section 28.006;
126	126	(D) accelerated instruction under Section
127	127	28.0211;
128	128	(E) high school graduation requirements under
129	129	Section 28.025;
130	130	(F) special education programs under Subchapter
131	131	A, Chapter 29;
132	132	(G) bilingual education under Subchapter B,
133	133	Chapter 29;
134	134	(H) prekindergarten programs under Subchapter E
135	135	or E-1, Chapter 29;
136	136	(I) extracurricular activities under Section
137	137	33.081;
138	138	(J) discipline management practices or behavior
139	139	management techniques under Section 37.0021;
140	140	(K) health and safety under Chapter 38;
141	141	(L) public school accountability under
142	142	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
143	143	(M) the requirement under Section 21.006 to
144	144	report an educator's misconduct;
145	145	(N) intensive programs of instruction under
146	146	Section 28.0213;
147	147	(O) the right of a school employee to report a
148	148	crime, as provided by Section 37.148; [and]
149	149	(P) bullying prevention policies and procedures
150	150	under Section 37.0832;
151	151	(Q) the right of a school under Section 37.0052
152	152	to place a student who has engaged in certain bullying behavior in a
153	153	disciplinary alternative education program or to expel the student;
154	154	[and]
155	155	(R) the right under Section 37.0151 to report to
156	156	local law enforcement certain conduct constituting assault or
157	157	harassment;
158	158	(S) [(P)] a parent's right to information
159	159	regarding the provision of assistance for learning difficulties to
160	160	the parent's child as provided by Sections 26.004(b)(11) and
161	161	26.0081(c) and (d); and
162	162	(T) human sexuality education under Section
163	163	28.0041.
164	164	SECTION 3. Section 28.004(c), Education Code, is amended to
165	165	read as follows:
166	166	(c) The local school health advisory council's duties
167	167	include recommending:
168	168	(1) the number of hours of instruction to be provided
169	169	in health education;
170	170	(2) policies, procedures, strategies, and curriculum
171	171	appropriate for specific grade levels designed to prevent obesity,
172	172	cardiovascular disease, Type 2 diabetes, and mental health concerns
173	173	through coordination of:
174	174	(A) health education;
175	175	(B) physical education and physical activity;
176	176	(C) nutrition services;
177	177	(D) parental involvement;
178	178	(E) instruction to prevent the use of
179	179	e-cigarettes, as defined by Section 161.081, Health and Safety
180	180	Code, and tobacco;
181	181	(F) school health services;
182	182	(G) counseling and guidance services;
183	183	(H) a safe and healthy school environment; and
184	184	(I) school employee wellness;
185	185	(3) policies adopted by the district regarding the
186	186	human sexuality education provided under Section 28.0041
187	187	[appropriate grade levels and methods of instruction for human
188	188	sexuality instruction];
189	189	(4) strategies for integrating the curriculum
190	190	components specified by Subdivision (2) with the following elements
191	191	in a coordinated school health program for the district:
192	192	(A) school health services;
193	193	(B) counseling and guidance services;
194	194	(C) a safe and healthy school environment; and
195	195	(D) school employee wellness; and
196	196	(5) if feasible, joint use agreements or strategies
197	197	for collaboration between the school district and community
198	198	organizations or agencies.
199	199	SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1),
200	200	and (j), Education Code, are repealed.
201	201	SECTION 5. This Act applies beginning with the 2020-2021
202	202	school year.
203	203	SECTION 6. To the extent of any conflict, this Act prevails
204	204	over another Act of the 86th Legislature, Regular Session, 2019,
205	205	relating to nonsubstantive additions to and corrections in enacted
206	206	codes.
207	207	SECTION 7. This Act takes effect immediately if it receives
208	208	a vote of two-thirds of all the members elected to each house, as
209	209	provided by Section 39, Article III, Texas Constitution. If this
210	210	Act does not receive the vote necessary for immediate effect, this
211	211	Act takes effect September 1, 2019.