| 1 | 1 | | 86R4396 KJE-D |
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| 2 | 2 | | By: Campbell S.B. No. 1008 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to parental rights regarding a student's participation in |
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| 8 | 8 | | human sexuality instruction in public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 28.004, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (i), (i-1), and (j) and adding Subsections |
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| 12 | 12 | | (i-4) and (j-1) to read as follows: |
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| 13 | 13 | | (i) Before each school year, a school district shall provide |
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| 14 | 14 | | written notice to a parent of each student enrolled in the district |
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| 15 | 15 | | of the board of trustees' decision regarding whether the district |
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| 16 | 16 | | will provide human sexuality instruction to district students. If |
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| 17 | 17 | | instruction will be provided, the notice must include: |
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| 18 | 18 | | (1) a summary of the basic content of the district's |
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| 19 | 19 | | human sexuality instruction to be provided to the student, |
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| 20 | 20 | | including a statement informing the parent of the instructional |
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| 21 | 21 | | requirements under state law; |
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| 22 | 22 | | (2) a statement of the parent's right to: |
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| 23 | 23 | | (A) review or request a copy of curriculum |
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| 24 | 24 | | materials as provided by Subsection (j); and |
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| 25 | 25 | | (B) refuse consent for [remove] the student to |
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| 26 | 26 | | receive all or [from] any part of the district's human sexuality |
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| 27 | 27 | | instruction without subjecting the student to any disciplinary |
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| 28 | 28 | | action, academic penalty, or other sanction imposed by the district |
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| 29 | 29 | | or the student's school; and |
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| 30 | 30 | | (3) information describing the opportunities for |
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| 31 | 31 | | parental involvement in the development of the curriculum to be |
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| 32 | 32 | | used in human sexuality instruction, including information |
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| 33 | 33 | | regarding the local school health advisory council established |
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| 34 | 34 | | under Subsection (a). |
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| 35 | 35 | | (i-1) A parent may use the grievance procedure adopted under |
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| 36 | 36 | | Section 26.011 concerning a complaint of a violation of Subsection |
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| 37 | 37 | | (i) or (i-4). |
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| 38 | 38 | | (i-4) Before a student may be provided with human sexuality |
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| 39 | 39 | | instruction, a school district must obtain the written consent of |
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| 40 | 40 | | the student's parent. A request for written consent under this |
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| 41 | 41 | | subsection: |
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| 42 | 42 | | (1) may not be included with any other notification or |
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| 43 | 43 | | request for written consent provided to the parent, other than the |
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| 44 | 44 | | notice provided under Subsection (i); and |
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| 45 | 45 | | (2) must be provided to the parent not later than the |
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| 46 | 46 | | 14th day before the date on which the human sexuality instruction |
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| 47 | 47 | | begins. |
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| 48 | 48 | | (j) A school district shall: |
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| 49 | 49 | | (1) make all curriculum materials used in the |
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| 50 | 50 | | district's human sexuality instruction available for reasonable |
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| 51 | 51 | | public inspection; and |
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| 52 | 52 | | (2) on request by a parent of a student enrolled in the |
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| 53 | 53 | | district, provide to the parent a copy of all curriculum materials |
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| 54 | 54 | | used in the district's human sexuality instruction. |
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| 55 | 55 | | (j-1) A school district may charge a reasonable fee in |
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| 56 | 56 | | accordance with Subchapter F, Chapter 552, Government Code, for |
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| 57 | 57 | | copies of curriculum materials provided to a parent under |
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| 58 | 58 | | Subsection (j). |
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| 59 | 59 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 60 | 60 | | school year. |
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| 61 | 61 | | SECTION 3. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2019. |
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