| 1 | 1 | | 88R4653 PRL-D |
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| 2 | 2 | | By: Gates H.B. No. 2101 |
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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 the grade levels at which human sexuality instruction |
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| 8 | 8 | | may be provided 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 Subsection (c) and adding Subsection (f-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (c) The local school health advisory council's duties |
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| 14 | 14 | | include recommending: |
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| 15 | 15 | | (1) the number of hours of instruction to be provided |
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| 16 | 16 | | in: |
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| 17 | 17 | | (A) health education in kindergarten through |
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| 18 | 18 | | grade eight; and |
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| 19 | 19 | | (B) if the school district requires health |
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| 20 | 20 | | education for high school graduation, health education, including |
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| 21 | 21 | | physical health education and mental health education, in grades 9 |
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| 22 | 22 | | through 12; |
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| 23 | 23 | | (2) policies, procedures, strategies, and curriculum |
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| 24 | 24 | | appropriate for specific grade levels designed to prevent physical |
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| 25 | 25 | | health concerns, including obesity, cardiovascular disease, Type 2 |
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| 26 | 26 | | diabetes, and mental health concerns, including suicide, through |
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| 27 | 27 | | coordination of: |
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| 28 | 28 | | (A) health education, which must address |
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| 29 | 29 | | physical health concerns and mental health concerns to ensure the |
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| 30 | 30 | | integration of physical health education and mental health |
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| 31 | 31 | | education; |
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| 32 | 32 | | (B) physical education and physical activity; |
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| 33 | 33 | | (C) nutrition services; |
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| 34 | 34 | | (D) parental involvement; |
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| 35 | 35 | | (E) instruction on substance abuse prevention; |
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| 36 | 36 | | (F) school health services, including mental |
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| 37 | 37 | | health services; |
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| 38 | 38 | | (G) a comprehensive school counseling program |
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| 39 | 39 | | under Section 33.005; |
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| 40 | 40 | | (H) a safe and healthy school environment; and |
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| 41 | 41 | | (I) school employee wellness; |
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| 42 | 42 | | (3) appropriate grade levels in grades five through 12 |
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| 43 | 43 | | and methods of instruction for human sexuality instruction; |
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| 44 | 44 | | (4) strategies for integrating the curriculum |
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| 45 | 45 | | components specified by Subdivision (2) with the following elements |
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| 46 | 46 | | in a coordinated school health program for the district: |
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| 47 | 47 | | (A) school health services, including physical |
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| 48 | 48 | | health services and mental health services, if provided at a campus |
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| 49 | 49 | | by the district or by a third party under a contract with the |
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| 50 | 50 | | district; |
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| 51 | 51 | | (B) a comprehensive school counseling program |
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| 52 | 52 | | under Section 33.005; |
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| 53 | 53 | | (C) a safe and healthy school environment; and |
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| 54 | 54 | | (D) school employee wellness; |
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| 55 | 55 | | (5) if feasible, joint use agreements or strategies |
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| 56 | 56 | | for collaboration between the school district and community |
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| 57 | 57 | | organizations or agencies; |
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| 58 | 58 | | (6) strategies to increase parental awareness |
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| 59 | 59 | | regarding: |
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| 60 | 60 | | (A) risky behaviors and early warning signs of |
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| 61 | 61 | | suicide risks and behavioral health concerns, including mental |
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| 62 | 62 | | health disorders and substance use disorders; and |
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| 63 | 63 | | (B) available community programs and services |
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| 64 | 64 | | that address risky behaviors, suicide risks, and behavioral health |
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| 65 | 65 | | concerns; |
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| 66 | 66 | | (7) appropriate grade levels and curriculum for |
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| 67 | 67 | | instruction regarding opioid addiction and abuse and methods of |
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| 68 | 68 | | administering an opioid antagonist, as defined by Section 483.101, |
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| 69 | 69 | | Health and Safety Code; and |
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| 70 | 70 | | (8) appropriate grade levels and curriculum for |
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| 71 | 71 | | instruction regarding child abuse, family violence, dating |
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| 72 | 72 | | violence, and sex trafficking, including likely warning signs that |
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| 73 | 73 | | a child may be at risk for sex trafficking, provided that the local |
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| 74 | 74 | | school health advisory council's recommendations under this |
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| 75 | 75 | | subdivision do not conflict with the essential knowledge and skills |
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| 76 | 76 | | developed by the State Board of Education under this subchapter. |
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| 77 | 77 | | (f-1) A school district may not provide human sexuality |
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| 78 | 78 | | instruction to students in prekindergarten through grade four. |
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| 79 | 79 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 80 | 80 | | school year. |
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| 81 | 81 | | SECTION 3. This Act takes effect immediately if it receives |
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| 82 | 82 | | a vote of two-thirds of all the members elected to each house, as |
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| 83 | 83 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 84 | 84 | | Act does not receive the vote necessary for immediate effect, this |
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| 85 | 85 | | Act takes effect September 1, 2023. |
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