86R4396 KJE-D
By: Campbell S.B. No. 1008
A BILL TO BE ENTITLED
AN ACT
relating to parental rights regarding a student's participation in
human sexuality instruction in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
amending Subsections (i), (i-1), and (j) and adding Subsections
(i-4) and (j-1) to read as follows:
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a statement informing the parent of the instructional
requirements under state law;
(2) a statement of the parent's right to:
(A) review or request a copy of curriculum
materials as provided by Subsection (j); and
(B) refuse consent for [remove] the student to
receive all or [from] any part of the district's human sexuality
instruction without subjecting the student to any disciplinary
action, academic penalty, or other sanction imposed by the district
or the student's school; and
(3) information describing the opportunities for
parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
(i-1) A parent may use the grievance procedure adopted under
Section 26.011 concerning a complaint of a violation of Subsection
(i) or (i-4).
(i-4) Before a student may be provided with human sexuality
instruction, a school district must obtain the written consent of
the student's parent. A request for written consent under this
subsection:
(1) may not be included with any other notification or
request for written consent provided to the parent, other than the
notice provided under Subsection (i); and
(2) must be provided to the parent not later than the
14th day before the date on which the human sexuality instruction
begins.
(j) A school district shall:
(1) make all curriculum materials used in the
district's human sexuality instruction available for reasonable
public inspection; and
(2) on request by a parent of a student enrolled in the
district, provide to the parent a copy of all curriculum materials
used in the district's human sexuality instruction.
(j-1) A school district may charge a reasonable fee in
accordance with Subchapter F, Chapter 552, Government Code, for
copies of curriculum materials provided to a parent under
Subsection (j).
SECTION 2. This Act applies beginning with the 2019-2020
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.