87R6375 KJE-F
By: Dutton H.B. No. 3872
A BILL TO BE ENTITLED
AN ACT
relating to local school health advisory councils and health
education provided by school districts, including requirements
regarding human sexuality instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
amending Subsections (d), (d-1), (h), (i), (i-1), and (j) and
adding Subsections (e-1) and (e-2) to read as follows:
(d) The local school health advisory council must consist of
at least five members, with each member appointed by the [The] board
of trustees [shall appoint at least five members to the local school
health advisory council]. A majority of the members must be persons
who are parents of students enrolled in the district and who are not
employed by the district. One of those members shall serve as chair
or co-chair of the council. The board of trustees also may appoint
one or more persons from each of the following groups or a
representative from a group other than a group specified under this
subsection:
(1) classroom teachers employed by the district;
(2) school counselors certified under Subchapter B,
Chapter 21, employed by the district;
(3) school administrators employed by the district;
(4) district students;
(5) health care professionals licensed or certified to
practice in this state, including medical or mental health
professionals;
(6) the business community;
(7) law enforcement;
(8) senior citizens;
(9) the clergy;
(10) nonprofit health organizations; and
(11) local domestic violence programs.
(d-1) The local school health advisory council shall meet at
least four times each year and promptly submit the minutes of each
meeting to the school district. As soon as practicable after
receipt of minutes under this subsection, the district shall post
the minutes on the district's Internet website, if the district has
an Internet website.
(e-1) The board of trustees shall adopt a policy
establishing a process for the adoption of curriculum or curriculum
materials for the district's human sexuality instruction. The
policy must require:
(1) the board to adopt a resolution convening the
local school health advisory council for the purpose of making
recommendations regarding the curriculum or curriculum materials;
(2) the local school health advisory council to:
(A) after the board's adoption of the resolution
under Subdivision (1), hold at least two public meetings, at which
an opportunity for public comment is provided, on the curriculum or
curriculum materials before adopting recommendations; and
(B) provide the recommendations adopted under
Paragraph (A) to the board at a public meeting of the board, at
which an opportunity for public comment is provided; and
(3) the board, after receipt of the local school
health advisory council's recommendations under Subdivision (2),
to take action on the adoption of the recommendations by a record
vote at a public meeting.
(e-2) The commissioner shall adopt rules requiring school
districts to use a process for adopting curriculum materials for
the district's human sexuality instruction, subject to the
requirements under Subsection (e-1), that is substantially similar
to the process used by the State Board of Education in adopting its
list of instructional materials under Section 31.023.
(h) The board of trustees shall determine the specific
content of the district's instruction in human sexuality, in
accordance with this section [Subsections (e), (f), and (g)].
(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
(C) use the grievance procedure as provided by
Subsection (i-1) or the appeals process under Section 7.057
concerning a complaint of a violation of this section;
(4) a statement that the curriculum materials for the
district's human sexuality instruction must be posted on the
district's Internet website, if the district has an Internet
website, and the Internet website address at which the curriculum
materials are located; and
(5) [(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 this
section [Subsection (i)].
(j) A school district shall:
(1) on request by a parent of a student enrolled in the
district, provide by mail or e-mail to the parent a copy of [make]
all curriculum materials used in the district's human sexuality
instruction; and
(2) post on the district's Internet website, if the
district has an Internet website, all curriculum materials used in
the district's human sexuality instruction [available for
reasonable public inspection].
SECTION 2. Section 551.001(3), Government Code, is amended
to read as follows:
(3) "Governmental body" means:
(A) a board, commission, department, committee,
or agency within the executive or legislative branch of state
government that is directed by one or more elected or appointed
members;
(B) a county commissioners court in the state;
(C) a municipal governing body in the state;
(D) a deliberative body that has rulemaking or
quasi-judicial power and that is classified as a department,
agency, or political subdivision of a county or municipality;
(E) a school district board of trustees;
(F) a county board of school trustees;
(G) a county board of education;
(H) the governing board of a special district
created by law;
(I) a local workforce development board created
under Section 2308.253;
(J) a nonprofit corporation that is eligible to
receive funds under the federal community services block grant
program and that is authorized by this state to serve a geographic
area of the state;
(K) a nonprofit corporation organized under
Chapter 67, Water Code, that provides a water supply or wastewater
service, or both, and is exempt from ad valorem taxation under
Section 11.30, Tax Code; [and]
(L) a joint board created under Section 22.074,
Transportation Code; and
(M) a local school health advisory council
established under Section 28.004, Education Code.
SECTION 3. Section 552.003(1), Government Code, is amended
to read as follows:
(1) "Governmental body":
(A) means:
(i) a board, commission, department,
committee, institution, agency, or office that is within or is
created by the executive or legislative branch of state government
and that is directed by one or more elected or appointed members;
(ii) a county commissioners court in the
state;
(iii) a municipal governing body in the
state;
(iv) a deliberative body that has
rulemaking or quasi-judicial power and that is classified as a
department, agency, or political subdivision of a county or
municipality;
(v) a school district board of trustees;
(vi) a county board of school trustees;
(vii) a county board of education;
(viii) the governing board of a special
district;
(ix) the governing body of a nonprofit
corporation organized under Chapter 67, Water Code, that provides a
water supply or wastewater service, or both, and is exempt from ad
valorem taxation under Section 11.30, Tax Code;
(x) a local workforce development board
created under Section 2308.253;
(xi) a nonprofit corporation that is
eligible to receive funds under the federal community services
block grant program and that is authorized by this state to serve a
geographic area of the state;
(xii) a confinement facility operated under
a contract with any division of the Texas Department of Criminal
Justice;
(xiii) a civil commitment housing facility
owned, leased, or operated by a vendor under contract with the state
as provided by Chapter 841, Health and Safety Code;
(xiv) an entity that receives public funds
in the current or preceding state fiscal year to manage the daily
operations or restoration of the Alamo, or an entity that oversees
such an entity; [and]
(xv) the part, section, or portion of an
organization, corporation, commission, committee, institution, or
agency that spends or that is supported in whole or in part by
public funds; and
(xvi) a local school health advisory
council established under Section 28.004, Education Code; and
(B) does not include:
(i) the judiciary; or
(ii) an economic development entity whose
mission or purpose is to develop and promote the economic growth of
a state agency or political subdivision with which the entity
contracts if:
(a) the entity does not receive $1
million or more in public funds from a single state agency or
political subdivision in the current or preceding state fiscal
year; or
(b) the entity:
(1) either:
(A) does not have the
authority to make decisions or recommendations on behalf of a state
agency or political subdivision regarding tax abatements or tax
incentives; or
(B) does not require an
officer of the state agency or political subdivision to hold office
as a member of the board of directors of the entity;
(2) does not use staff or office
space of the state agency or political subdivision for no or nominal
consideration, unless the space is available to the public;
(3) to a reasonable degree,
tracks the entity's receipt and expenditure of public funds
separately from the entity's receipt and expenditure of private
funds; and
(4) provides at least quarterly
public reports to the state agency or political subdivision
regarding work performed on behalf of the state agency or political
subdivision.
SECTION 4. Sections 28.004(d), (d-1), (i), (i-1), and (j),
Education Code, as amended by this Act, apply beginning with the
2021-2022 school year.
SECTION 5. Sections 28.004(e-1) and (e-2), Education Code,
as added by this Act, and Section 28.004(h), Education Code, as
amended by this Act, apply beginning with the 2022-2023 school
year.
SECTION 6. (a) Section 551.001, Government Code, as
amended by this Act, applies only to a meeting held on or after
September 1, 2021. A meeting held before September 1, 2021, is
governed by the law in effect immediately before September 1, 2021,
and the former law is continued in effect for that purpose.
(b) Section 552.003, Government Code, as amended by this
Act, applies only to a request for public information received on or
after September 1, 2021. A request for public information received
before September 1, 2021, is governed by the law in effect when the
request was received, and the former law is continued in effect for
that purpose.
SECTION 7. 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, 2021.