By: Talarico H.B. No. 4088
A BILL TO BE ENTITLED
AN ACT
relating to human sexuality education in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0042 to read as follows:
Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this
section:
(1) "Age appropriate" means topics, messages, and
teaching methods suitable to particular ages or age groups of
children or adolescents, based on developing cognitive, emotional,
and behavioral capacity typical for the age or age group.
(2) "Medically accurate" means supported by
peer-reviewed research conducted in compliance with accepted
scientific methods and recognized as accurate by leading
professional organizations and agencies with relevant experience,
such as the American Medical Association.
(b) A school district shall provide human sexuality
education in accordance with this section at grade levels specified
by the State Board of Education.
(c) The State Board of Education by rule shall adopt the
essential knowledge and skills for medically accurate,
age-appropriate curriculum to be used by a school district in
providing human sexuality education under this section. As age
appropriate, the curriculum must:
(1) cover human sexuality, pregnancy, and sexually
transmitted infections;
(2) discuss human sexuality as a normal and healthy
aspect of human development;
(3) provide information about the health benefits,
side effects, and proper use of the methods approved by the United
States Food and Drug Administration for preventing unintended
pregnancy and reducing the risk of contracting sexually transmitted
infections; and
(4) promote relationship, communication, and
decision-making skills, including strategies to:
(A) develop healthy, age-appropriate
relationships;
(B) develop healthy life skills, including
critical thinking, problem solving, effective communication, and
responsible decision making about sexuality and relationships; and
(C) promote effective communication between
adolescents and their parents, legal guardians, or other family
members about sexuality and relationships.
(d) A school district may separate students according to sex
when providing instruction under this section.
(e) A school district shall make all curriculum materials
used in the district's human sexuality education available for
reasonable public inspection.
(f) A school district shall adopt a policy regarding whether
condoms may be distributed in connection with human sexuality
education.
(g) A student shall be excused from human sexuality
education on the written request of a parent or legal guardian
without being subjected to any disciplinary action, academic
penalty, or other sanction imposed by the school district or the
student's school.
(h) Before each school year, a school district shall provide
written notice to a parent or legal guardian of each student
enrolled in the district of the intent to provide human sexuality
education under this section. The notice must include:
(1) a summary of the basic content of the human
sexuality education to be provided to the student;
(2) the district's policy on the distribution of
condoms in connection with human sexuality education; and
(3) a statement of the parent's or legal guardian's
right to:
(A) review curriculum materials as provided by
Subsection (e); and
(B) remove the student from any part of the
district's human sexuality education as provided by Subsection (g).
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148;
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(T) establishment of residency under Section
25.001;
(U) [(T)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
37.207, and 37.2071;
(V) [(T)] the early childhood literacy and
mathematics proficiency plans under Section 11.185; [and]
(W) [(U)] the college, career, and military
readiness plans under Section 11.186; and
(X) human sexuality education under Section
28.0042.
SECTION 3. Section 28.004(c), Education Code, as amended by
Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B. 11), Acts of
the 86th Legislature, Regular Session, 2019, is reenacted and
amended to read as follows:
(c) The local school health advisory council's duties
include recommending:
(1) the number of hours of instruction to be provided
in:
(A) health education in kindergarten through
grade eight; and
(B) if the school district requires health
education for high school graduation, health education, including
physical health education and mental health education, in grades 9
through 12;
(2) policies, procedures, strategies, and curriculum
appropriate for specific grade levels designed to prevent physical
health concerns, including obesity, cardiovascular disease, Type 2
diabetes, and mental health concerns, including suicide, through
coordination of:
(A) health education, which must address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health
education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction on substance abuse prevention;
(F) school health services, including mental
health services;
(G) a comprehensive school counseling program
under Section 33.005;
(H) a safe and healthy school environment; and
(I) school employee wellness;
(3) [appropriate grade levels and methods of
instruction for human sexuality instruction;
[(4)] strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services, including physical
health services and mental health services, if provided at a campus
by the district or by a third party under a contract with the
district;
(B) a comprehensive school counseling program
under Section 33.005;
(C) a safe and healthy school environment; and
(D) school employee wellness;
(4) [(5)] if feasible, joint use agreements or
strategies for collaboration between the school district and
community organizations or agencies; [and]
(5) [(6)] strategies to increase parental awareness
regarding:
(A) risky behaviors and early warning signs of
suicide risks and behavioral health concerns, including mental
health disorders and substance use disorders; and
(B) available community programs and services
that address risky behaviors, suicide risks, and behavioral health
concerns; and
(6) appropriate grade levels and curriculum for
instruction regarding opioid addiction and abuse and methods of
administering an opioid antagonist, as defined by Section 483.101,
Health and Safety Code.
SECTION 4. Section 28.004(n), Education Code, is amended to
read as follows:
(n) Any joint use agreement that a school district and
community organization or agency enter into based on a
recommendation of the local school health advisory council under
Subsection (c)(4) [(c)(5)] must address liability for the school
district and community organization or agency in the agreement.
SECTION 5. Sections 28.004(e), (f), (g), (h), (i), (i-1),
and (j), Education Code, are repealed.
SECTION 6. This Act applies beginning with the 2022-2023
school year.
SECTION 7. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. 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.