By: Hughes S.B. No. 784
A BILL TO BE ENTITLED
AN ACT
relating to 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
adding Subsection (h-1) and amending Subsections (i) and (j) to
read as follows:
(h-1) A school district may not offer human sexuality
instruction in a school year unless the commissioner determines
that the district's instruction for that school year, including all
curriculum materials used in the instruction, and the notice
required under Subsection (i) comply with the requirements under
this section. The commissioner shall adopt rules as necessary to
implement this subsection, including rules that:
(1) establish a process for the determination that
concludes not later than the 30th day before the first day of each
school year; and
(2) provide a school district an opportunity to revise
any noncompliant instruction, including the materials, or notice,
as necessary to comply with the requirements under this section, as
determined by the commissioner.
(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) each date on which the district's human sexuality
instruction will be provided to the student along with a detailed
description of the content of the instruction to be provided on that
date;
(3) a statement of the parent's right to:
(A) receive a copy of [review] curriculum
materials as provided by Subsection (j); and
(B) remove the student 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
(4) [(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).
(j) A school district shall provide by mail or e-mail to a
parent of each student enrolled in the district a copy of [make] all
curriculum materials used in the district's human sexuality
instruction [available for reasonable public inspection].
SECTION 2. Sections 28.004(i) and (j), Education Code, as
amended by this Act, apply beginning with the 2019-2020 school
year.
SECTION 3. Section 28.004(h-1), Education Code, as added by
this Act, applies beginning with the 2020-2021 school year.
SECTION 4. 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.