S.B. No. 9
AN ACT
relating to public school instruction and materials regarding the
prevention of child abuse, family violence, dating violence, and
sex trafficking and the adoption of public school policies to
prevent dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Christine Blubaugh
Act.
SECTION 2. Section 28.004, Education Code, as effective
September 1, 2021, is amended by amending Subsections (c) and (j)
and adding Subsections (j-2), (q), (q-1), (q-2), (q-3), (q-4),
(q-5), and (q-6) 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;
(5) if feasible, joint use agreements or strategies
for collaboration between the school district and community
organizations or agencies;
(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]
(7) 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; and
(8) appropriate grade levels and curriculum for
instruction regarding child abuse, family violence, dating
violence, and sex trafficking, including likely warning signs that
a child may be at risk for sex trafficking, provided that the local
school health advisory council's recommendations under this
subdivision do not conflict with the essential knowledge and skills
developed by the State Board of Education under this subchapter.
(j) A school district shall make all curriculum materials
used in the district's human sexuality instruction or instruction
relating to the prevention of child abuse, family violence, dating
violence, and sex trafficking, available by:
(1) for curriculum materials in the public domain:
(A) providing a copy of the curriculum materials
by mail or e-mail to a parent of a student enrolled in the district
on the parent's request; and
(B) posting the curriculum materials on the
district's Internet website, if the district has an Internet
website; and
(2) for copyrighted curriculum materials, allowing a
parent of a student enrolled in the district to:
(A) review the curriculum materials at the
student's campus at any time during regular business hours;
(B) purchase a copy of the curriculum materials
from the publisher as provided by the district's purchase agreement
for the curriculum materials under Subsection (j-1) or (j-2); or
(C) review the curriculum materials online
through a secure electronic account in a manner that prevents the
curriculum materials from being copied and that otherwise complies
with copyright law.
(j-2) If a school district purchases from a publisher
copyrighted curriculum materials for use in the district's
instruction relating to the prevention of child abuse, family
violence, dating violence, and sex trafficking, the district shall
ensure that the purchase agreement provides for a means by which a
parent of a student enrolled in the district may purchase a copy of
the curriculum materials from the publisher at a price that does not
exceed the price per unit paid by the district for the curriculum
materials.
(q) Any course materials relating to the prevention of child
abuse, family violence, dating violence, and sex trafficking shall
be selected by the board of trustees with the advice of the local
school health advisory council.
(q-1) The board of trustees shall adopt a policy
establishing a process for the adoption of curriculum materials for
the school district's instruction relating to the prevention of
child abuse, family violence, dating violence, and sex trafficking.
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 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 on the
curriculum materials before adopting recommendations; and
(B) provide the recommendations adopted under
Paragraph (A) to the board at a public meeting of the board; 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.
(q-2) Curriculum materials proposed to be adopted for the
school district's instruction relating to the prevention of child
abuse, family violence, dating violence, and sex trafficking must
be made available as provided by Subsection (j)(1) or (2)(A) or (C),
as applicable.
(q-3) Before adopting curriculum materials for the school
district's instruction relating to the prevention of child abuse,
family violence, dating violence, and sex trafficking, the board of
trustees shall ensure that the curriculum materials are:
(1) based on the advice of the local school health
advisory council;
(2) suitable for the subject and grade level for which
the curriculum materials are intended; and
(3) reviewed by academic experts in the subject and
grade level for which the curriculum materials are intended.
(q-4) The board of trustees shall determine the specific
content of the district's instruction relating to the prevention of
child abuse, family violence, dating violence, and sex trafficking
in accordance with this subchapter, including the essential
knowledge and skills addressing these topics developed by the State
Board of Education.
(q-5) 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 instruction relating to the prevention of
child abuse, family violence, dating violence, and sex trafficking
to district students. If instruction will be provided, the notice
must include:
(1) a statement informing the parent of the
requirements under state law regarding instruction relating to the
prevention of child abuse, family violence, dating violence, and
sex trafficking;
(2) a detailed description of the content of the
district's instruction relating to the prevention of child abuse,
family violence, dating violence, and sex trafficking;
(3) a statement of the parent's right to:
(A) at the parent's discretion, review or
purchase a copy of curriculum materials as provided by Subsection
(j);
(B) remove the student from any part of the
district's instruction relating to the prevention of child abuse,
family violence, dating violence, and sex trafficking 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 any curriculum materials in the
public domain used for the district's instruction regarding the
prevention of child abuse, family violence, dating violence, and
sex trafficking must be posted on the district's Internet website
address at which the curriculum materials are located; and
(5) information describing the opportunities for
parental involvement in the development of the curriculum to be
used in instruction relating to the prevention of child abuse,
family violence, dating violence, and sex trafficking, including
information regarding the local school health advisory council
established under Subsection (a).
(q-6) Before a student may be provided with instruction
relating to the prevention of child abuse, family violence, dating
violence, and sex trafficking, 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 (q-5); and
(2) must be provided to the parent not later than the
14th day before the date on which the instruction relating to the
prevention of child abuse, family violence, dating violence, and
sex trafficking begins.
SECTION 3. The heading to Section 37.0831, Education Code,
is amended to read as follows:
Sec. 37.0831. DATING VIOLENCE POLICIES; EDUCATIONAL
MATERIALS AND RESOURCES.
SECTION 4. Section 37.0831, Education Code, as amended by
S.B. No. 1267, Acts of the 87th Legislature, Regular Session, 2021,
is amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A dating violence policy must:
(1) include:
(A) a definition of dating violence that includes
the intentional use of physical, sexual, verbal, or emotional abuse
by a person to harm, threaten, intimidate, or control another
person in a dating relationship, as defined by Section 71.0021,
Family Code;
(B) a clear statement that dating violence is not
tolerated at school; and
(C) reporting procedures and guidelines for
students who are victims of dating violence, including a procedure
for immediately notifying the parent or guardian of a student about
a report received by the district identifying the student as an
alleged victim or perpetrator of dating violence; and
(2) address safety planning, enforcement of
protective orders, school-based alternatives to protective orders,
training for teachers and administrators at each district campus
that instructs students in grade six or higher, counseling for
affected students, and awareness education for students and
parents.
(c) To the extent possible, a school district shall make
available to students:
(1) age-appropriate educational materials that
include information on the dangers of dating violence; and
(2) resources to students seeking help.
SECTION 5. (a) Except as otherwise provided by Subsection
(b) of this section, Section 28.004, Education Code, as amended by
this Act, applies beginning with the 2022-2023 school year.
(b) Section 28.004(j-2), Education Code, as added by this
Act, applies only to a purchase agreement entered into, amended, or
renewed on or after the effective date of this Act.
SECTION 6. If this Act receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution, this Act takes effect on the first
day that occurs after August 31, 2021, and is on or after the
earliest date on which this Act may take effect. If this Act does
not receive the vote necessary for effect on that date, this Act
takes effect on the 91st day after the last day of the legislative
session.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 9 passed the Senate on
August 10, 2021, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendments on September 2, 2021, by
the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 9 passed the House, with
amendments, on September 2, 2021, by the following vote: Yeas 94,
Nays 26, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor