1 | 1 | | By: Paxton, Middleton S.B. No. 410 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to fetal development instruction included as part of the |
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7 | 7 | | public school health curriculum in certain grade levels. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 28.002, Education Code, is amended by |
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10 | 10 | | adding Subsection (x) to read as follows: |
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11 | 11 | | (x) The State Board of Education shall adopt rules requiring |
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12 | 12 | | students enrolled in grade levels seven and eight to receive |
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13 | 13 | | instruction on fetal development as part of the essential knowledge |
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14 | 14 | | and skills for the health curriculum required under Subsection |
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15 | 15 | | (a)(2)(B). The instruction must include: |
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16 | 16 | | (1) information on: |
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17 | 17 | | (A) the human reproductive process, pregnancy, |
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18 | 18 | | and infertility; and |
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19 | 19 | | (B) the prevention of birth defects, including |
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20 | 20 | | information on the effect of drugs, alcohol, and environmental |
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21 | 21 | | hazards such as lead; and |
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22 | 22 | | (2) a description of the growth and development of an |
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23 | 23 | | unborn child that occur during each trimester of pregnancy. |
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24 | 24 | | SECTION 2. Section 28.004(c), Education Code, is amended to |
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25 | 25 | | read as follows: |
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26 | 26 | | (c) The local school health advisory council's duties |
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27 | 27 | | include recommending: |
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28 | 28 | | (1) the number of hours of instruction to be provided |
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29 | 29 | | in: |
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30 | 30 | | (A) health education in kindergarten through |
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31 | 31 | | grade eight; and |
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32 | 32 | | (B) if the school district requires health |
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33 | 33 | | education for high school graduation, health education, including |
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34 | 34 | | physical health education and mental health education, in grades 9 |
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35 | 35 | | through 12; |
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36 | 36 | | (2) policies, procedures, strategies, and curriculum |
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37 | 37 | | appropriate for specific grade levels designed to prevent physical |
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38 | 38 | | health concerns, including obesity, cardiovascular disease, Type 2 |
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39 | 39 | | diabetes, and mental health concerns, including suicide, through |
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40 | 40 | | coordination of: |
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41 | 41 | | (A) health education, which must address |
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42 | 42 | | physical health concerns and mental health concerns to ensure the |
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43 | 43 | | integration of physical health education and mental health |
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44 | 44 | | education; |
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45 | 45 | | (B) physical education and physical activity; |
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46 | 46 | | (C) nutrition services; |
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47 | 47 | | (D) parental involvement; |
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48 | 48 | | (E) instruction on substance abuse prevention; |
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49 | 49 | | (F) school health services, including mental |
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50 | 50 | | health services; |
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51 | 51 | | (G) a comprehensive school counseling program |
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52 | 52 | | under Section 33.005; |
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53 | 53 | | (H) a safe and healthy school environment; and |
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54 | 54 | | (I) school employee wellness; |
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55 | 55 | | (3) appropriate grade levels and methods of |
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56 | 56 | | instruction for human sexuality instruction; |
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57 | 57 | | (4) strategies for integrating the curriculum |
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58 | 58 | | components specified by Subdivision (2) with the following elements |
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59 | 59 | | in a coordinated school health program for the district: |
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60 | 60 | | (A) school health services, including physical |
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61 | 61 | | health services and mental health services, if provided at a campus |
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62 | 62 | | by the district or by a third party under a contract with the |
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63 | 63 | | district; |
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64 | 64 | | (B) a comprehensive school counseling program |
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65 | 65 | | under Section 33.005; |
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66 | 66 | | (C) a safe and healthy school environment; and |
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67 | 67 | | (D) school employee wellness; |
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68 | 68 | | (5) if feasible, joint use agreements or strategies |
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69 | 69 | | for collaboration between the school district and community |
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70 | 70 | | organizations or agencies; |
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71 | 71 | | (6) strategies to increase parental awareness |
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72 | 72 | | regarding: |
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73 | 73 | | (A) risky behaviors and early warning signs of |
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74 | 74 | | suicide risks and behavioral health concerns, including mental |
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75 | 75 | | health disorders and substance use disorders; and |
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76 | 76 | | (B) available community programs and services |
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77 | 77 | | that address risky behaviors, suicide risks, and behavioral health |
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78 | 78 | | concerns; |
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79 | 79 | | (7) appropriate grade levels and curriculum for |
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80 | 80 | | instruction regarding opioid addiction and abuse and methods of |
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81 | 81 | | administering an opioid antagonist, as defined by Section 483.101, |
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82 | 82 | | Health and Safety Code; [and] |
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83 | 83 | | (8) appropriate grade levels and curriculum for |
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84 | 84 | | instruction regarding child abuse, family violence, dating |
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85 | 85 | | violence, and sex trafficking, including likely warning signs that |
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86 | 86 | | a child may be at risk for sex trafficking, provided that the local |
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87 | 87 | | school health advisory council's recommendations under this |
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88 | 88 | | subdivision do not conflict with the essential knowledge and skills |
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89 | 89 | | developed by the State Board of Education under this subchapter; |
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90 | 90 | | and |
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91 | 91 | | (9) appropriate curriculum for the instruction on |
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92 | 92 | | fetal development described by Section 28.002(x), provided that the |
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93 | 93 | | local school health advisory council's recommendations under this |
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94 | 94 | | subdivision do not conflict with the essential knowledge and skills |
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95 | 95 | | developed by the State Board of Education under this subchapter. |
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96 | 96 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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97 | 97 | | school year. |
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98 | 98 | | SECTION 4. This Act takes effect immediately if it receives |
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99 | 99 | | a vote of two-thirds of all the members elected to each house, as |
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100 | 100 | | provided by Section 39, Article III, Texas Constitution. If this |
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101 | 101 | | Act does not receive the vote necessary for immediate effect, this |
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102 | 102 | | Act takes effect September 1, 2023. |
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