| 1 | 1 | | 89R1000 KJE-F |
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| 2 | 2 | | By: González of El Paso H.B. No. 1273 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to human sexuality education in public schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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| 12 | 12 | | amended by adding Section 28.0042 to read as follows: |
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| 13 | 13 | | Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this |
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| 14 | 14 | | section: |
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| 15 | 15 | | (1) "Age-appropriate" means suitable to particular |
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| 16 | 16 | | ages or age groups of children or adolescents, based on developing |
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| 17 | 17 | | cognitive, emotional, and behavioral capacity typical for the age |
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| 18 | 18 | | or age group. |
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| 19 | 19 | | (2) "Medically accurate" means supported by |
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| 20 | 20 | | peer-reviewed research conducted in compliance with accepted |
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| 21 | 21 | | scientific methods and recognized as accurate by leading |
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| 22 | 22 | | professional organizations and agencies with relevant experience, |
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| 23 | 23 | | such as the American Medical Association. |
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| 24 | 24 | | (b) A school district shall provide human sexuality |
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| 25 | 25 | | education in accordance with this section at grade levels specified |
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| 26 | 26 | | by the State Board of Education. |
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| 27 | 27 | | (c) The State Board of Education by rule shall adopt the |
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| 28 | 28 | | essential knowledge and skills for medically accurate, |
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| 29 | 29 | | age-appropriate curricula to be used by a school district in |
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| 30 | 30 | | providing human sexuality education under this section. As |
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| 31 | 31 | | age-appropriate, the curricula must: |
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| 32 | 32 | | (1) include affirming information regarding gender |
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| 33 | 33 | | identity, gender expression, and sexual orientation; |
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| 34 | 34 | | (2) cover human sexuality, pregnancy, and sexually |
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| 35 | 35 | | transmitted infections; |
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| 36 | 36 | | (3) discuss human sexuality as a normal and healthy |
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| 37 | 37 | | aspect of human development; |
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| 38 | 38 | | (4) discuss: |
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| 39 | 39 | | (A) consent as an unambiguous and voluntary |
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| 40 | 40 | | agreement from each participant to engage in each physical act; and |
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| 41 | 41 | | (B) the importance of respecting personal |
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| 42 | 42 | | boundaries; |
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| 43 | 43 | | (5) present abstinence from sexual activity as the |
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| 44 | 44 | | preferred choice of behavior in relationship to all sexual activity |
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| 45 | 45 | | for unmarried persons of school age; |
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| 46 | 46 | | (6) devote sufficient attention to abstinence from |
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| 47 | 47 | | sexual activity to emphasize the importance of abstinence; |
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| 48 | 48 | | (7) emphasize that abstinence from sexual activity, if |
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| 49 | 49 | | used consistently and correctly, is the only method that is 100 |
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| 50 | 50 | | percent effective in preventing pregnancy and sexually transmitted |
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| 51 | 51 | | infections; |
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| 52 | 52 | | (8) provide information about the health benefits, |
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| 53 | 53 | | side effects, and proper use of the methods approved by the United |
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| 54 | 54 | | States Food and Drug Administration for preventing unintended |
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| 55 | 55 | | pregnancy and reducing the risk of contracting sexually transmitted |
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| 56 | 56 | | infections; |
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| 57 | 57 | | (9) cover women's health, including the importance and |
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| 58 | 58 | | purpose of regular gynecological exams, Pap smear screenings, and |
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| 59 | 59 | | testing for sexually transmitted infections; |
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| 60 | 60 | | (10) promote relationship, communication, and |
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| 61 | 61 | | decision-making skills, including strategies to: |
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| 62 | 62 | | (A) develop healthy, age-appropriate |
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| 63 | 63 | | relationships; |
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| 64 | 64 | | (B) develop healthy life skills, including |
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| 65 | 65 | | critical thinking, problem solving, effective communication, and |
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| 66 | 66 | | responsible decision making about sexuality and relationships; and |
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| 67 | 67 | | (C) promote effective communication between |
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| 68 | 68 | | adolescents and their parents, legal guardians, or other family |
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| 69 | 69 | | members about sexuality and relationships; and |
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| 70 | 70 | | (11) discuss the basic protections provided by Title |
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| 71 | 71 | | IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et |
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| 72 | 72 | | seq.) regarding sexual harassment and sexual assault or abuse, |
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| 73 | 73 | | including: |
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| 74 | 74 | | (A) a student's rights under that provision; |
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| 75 | 75 | | (B) how to identify and report incidents of |
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| 76 | 76 | | sexual harassment or sexual assault or abuse; and |
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| 77 | 77 | | (C) the availability of relevant services for |
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| 78 | 78 | | victims of sexual harassment or sexual assault or abuse, such as |
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| 79 | 79 | | mental health or trauma counseling, academic accommodations, or |
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| 80 | 80 | | health service referrals. |
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| 81 | 81 | | (d) A school district may separate students according to sex |
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| 82 | 82 | | when providing instruction under this section. |
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| 83 | 83 | | (e) A school district shall make all curriculum materials |
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| 84 | 84 | | used in the district's human sexuality education available for |
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| 85 | 85 | | reasonable public inspection. |
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| 86 | 86 | | (f) A school district shall adopt a policy regarding whether |
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| 87 | 87 | | male or female condoms may be distributed in connection with human |
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| 88 | 88 | | sexuality education. |
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| 89 | 89 | | (g) A school district shall adopt a best practice-based |
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| 90 | 90 | | policy regarding the provision of menstrual products to students |
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| 91 | 91 | | enrolled in the district. |
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| 92 | 92 | | (h) A student shall be excused from human sexuality |
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| 93 | 93 | | education on the written request of a parent or legal guardian |
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| 94 | 94 | | without being subjected to any disciplinary action, academic |
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| 95 | 95 | | penalty, or other sanction imposed by the school district or the |
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| 96 | 96 | | student's school. |
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| 97 | 97 | | (i) Before each school year, a school district shall provide |
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| 98 | 98 | | written notice to a parent or legal guardian of each student |
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| 99 | 99 | | enrolled in the district of the intent to provide human sexuality |
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| 100 | 100 | | education under this section. The notice must include: |
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| 101 | 101 | | (1) a summary of the basic content of the human |
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| 102 | 102 | | sexuality education to be provided to the student; |
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| 103 | 103 | | (2) the district's policy on the distribution of |
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| 104 | 104 | | condoms in connection with human sexuality education; and |
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| 105 | 105 | | (3) a statement of the parent's or legal guardian's |
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| 106 | 106 | | right to: |
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| 107 | 107 | | (A) review curriculum materials as provided by |
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| 108 | 108 | | Subsection (e); and |
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| 109 | 109 | | (B) remove the student from any part of the |
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| 110 | 110 | | district's human sexuality education as provided by Subsection (h). |
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| 111 | 111 | | SECTION 2. Section 12.104(b), Education Code, is amended to |
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| 112 | 112 | | read as follows: |
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| 113 | 113 | | (b) An open-enrollment charter school is subject to: |
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| 114 | 114 | | (1) a provision of this title establishing a criminal |
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| 115 | 115 | | offense; |
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| 116 | 116 | | (2) the provisions in Chapter 554, Government Code; |
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| 117 | 117 | | and |
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| 118 | 118 | | (3) a prohibition, restriction, or requirement, as |
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| 119 | 119 | | applicable, imposed by this title or a rule adopted under this |
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| 120 | 120 | | title, relating to: |
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| 121 | 121 | | (A) the Public Education Information Management |
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| 122 | 122 | | System (PEIMS) to the extent necessary to monitor compliance with |
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| 123 | 123 | | this subchapter as determined by the commissioner; |
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| 124 | 124 | | (B) criminal history records under Subchapter C, |
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| 125 | 125 | | Chapter 22; |
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| 126 | 126 | | (C) reading instruments and accelerated reading |
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| 127 | 127 | | instruction programs under Section 28.006; |
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| 128 | 128 | | (D) accelerated instruction under Section |
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| 129 | 129 | | 28.0211; |
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| 130 | 130 | | (E) high school graduation requirements under |
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| 131 | 131 | | Section 28.025; |
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| 132 | 132 | | (F) special education programs under Subchapter |
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| 133 | 133 | | A, Chapter 29; |
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| 134 | 134 | | (G) bilingual education under Subchapter B, |
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| 135 | 135 | | Chapter 29; |
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| 136 | 136 | | (H) prekindergarten programs under Subchapter E |
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| 137 | 137 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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| 138 | 138 | | classes imposed under Section 25.112, which do not apply; |
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| 139 | 139 | | (I) extracurricular activities under Section |
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| 140 | 140 | | 33.081; |
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| 141 | 141 | | (J) discipline management practices or behavior |
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| 142 | 142 | | management techniques under Section 37.0021; |
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| 143 | 143 | | (K) health and safety under Chapter 38; |
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| 144 | 144 | | (L) the provisions of Subchapter A, Chapter 39; |
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| 145 | 145 | | (M) public school accountability and special |
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| 146 | 146 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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| 147 | 147 | | 39, and Chapter 39A; |
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| 148 | 148 | | (N) the requirement under Section 21.006 to |
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| 149 | 149 | | report an educator's misconduct; |
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| 150 | 150 | | (O) intensive programs of instruction under |
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| 151 | 151 | | Section 28.0213; |
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| 152 | 152 | | (P) the right of a school employee to report a |
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| 153 | 153 | | crime, as provided by Section 37.148; |
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| 154 | 154 | | (Q) bullying prevention policies and procedures |
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| 155 | 155 | | under Section 37.0832; |
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| 156 | 156 | | (R) the right of a school under Section 37.0052 |
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| 157 | 157 | | to place a student who has engaged in certain bullying behavior in a |
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| 158 | 158 | | disciplinary alternative education program or to expel the student; |
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| 159 | 159 | | (S) the right under Section 37.0151 to report to |
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| 160 | 160 | | local law enforcement certain conduct constituting assault or |
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| 161 | 161 | | harassment; |
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| 162 | 162 | | (T) a parent's right to information regarding the |
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| 163 | 163 | | provision of assistance for learning difficulties to the parent's |
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| 164 | 164 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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| 165 | 165 | | (U) establishment of residency under Section |
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| 166 | 166 | | 25.001; |
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| 167 | 167 | | (V) school safety requirements under Sections |
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| 168 | 168 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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| 169 | 169 | | 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
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| 170 | 170 | | 37.2071 and Subchapter J, Chapter 37; |
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| 171 | 171 | | (W) the early childhood literacy and mathematics |
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| 172 | 172 | | proficiency plans under Section 11.185; |
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| 173 | 173 | | (X) the college, career, and military readiness |
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| 174 | 174 | | plans under Section 11.186; [and] |
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| 175 | 175 | | (Y) parental options to retain a student under |
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| 176 | 176 | | Section 28.02124; and |
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| 177 | 177 | | (Z) human sexuality education under Section |
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| 178 | 178 | | 28.0042. |
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| 179 | 179 | | SECTION 3. Sections 28.004(c) and (j), Education Code, are |
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| 180 | 180 | | amended to read as follows: |
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| 181 | 181 | | (c) The local school health advisory council's duties |
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| 182 | 182 | | include recommending: |
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| 183 | 183 | | (1) the number of hours of instruction to be provided |
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| 184 | 184 | | in: |
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| 185 | 185 | | (A) health education in kindergarten through |
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| 186 | 186 | | grade eight; and |
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| 187 | 187 | | (B) if the school district requires health |
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| 188 | 188 | | education for high school graduation, health education, including |
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| 189 | 189 | | physical health education and mental health education, in grades 9 |
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| 190 | 190 | | through 12; |
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| 191 | 191 | | (2) policies, procedures, strategies, and curriculum |
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| 192 | 192 | | appropriate for specific grade levels designed to prevent physical |
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| 193 | 193 | | health concerns, including obesity, cardiovascular disease, Type 2 |
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| 194 | 194 | | diabetes, and mental health concerns, including suicide, through |
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| 195 | 195 | | coordination of: |
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| 196 | 196 | | (A) health education, which must address |
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| 197 | 197 | | physical health concerns and mental health concerns to ensure the |
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| 198 | 198 | | integration of physical health education and mental health |
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| 199 | 199 | | education; |
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| 200 | 200 | | (B) physical education and physical activity; |
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| 201 | 201 | | (C) nutrition services; |
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| 202 | 202 | | (D) parental involvement; |
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| 203 | 203 | | (E) instruction on substance abuse prevention; |
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| 204 | 204 | | (F) school health services, including mental |
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| 205 | 205 | | health services; |
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| 206 | 206 | | (G) a comprehensive school counseling program |
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| 207 | 207 | | under Section 33.005; |
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| 208 | 208 | | (H) a safe and healthy school environment; and |
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| 209 | 209 | | (I) school employee wellness; |
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| 210 | 210 | | (3) policies adopted by the district regarding the |
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| 211 | 211 | | human sexuality education provided under Section |
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| 212 | 212 | | 28.0042 [appropriate grade levels and methods of instruction for |
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| 213 | 213 | | human sexuality instruction]; |
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| 214 | 214 | | (4) strategies for integrating the curriculum |
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| 215 | 215 | | components specified by Subdivision (2) with the following elements |
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| 216 | 216 | | in a coordinated school health program for the district: |
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| 217 | 217 | | (A) school health services, including physical |
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| 218 | 218 | | health services and mental health services, if provided at a campus |
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| 219 | 219 | | by the district or by a third party under a contract with the |
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| 220 | 220 | | district; |
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| 221 | 221 | | (B) a comprehensive school counseling program |
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| 222 | 222 | | under Section 33.005; |
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| 223 | 223 | | (C) a safe and healthy school environment; and |
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| 224 | 224 | | (D) school employee wellness; |
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| 225 | 225 | | (5) if feasible, joint use agreements or strategies |
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| 226 | 226 | | for collaboration between the school district and community |
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| 227 | 227 | | organizations or agencies; |
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| 228 | 228 | | (6) strategies to increase parental awareness |
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| 229 | 229 | | regarding: |
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| 230 | 230 | | (A) risky behaviors and early warning signs of |
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| 231 | 231 | | suicide risks and behavioral health concerns, including mental |
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| 232 | 232 | | health disorders and substance use disorders; and |
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| 233 | 233 | | (B) available community programs and services |
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| 234 | 234 | | that address risky behaviors, suicide risks, and behavioral health |
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| 235 | 235 | | concerns; |
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| 236 | 236 | | (7) appropriate grade levels and curriculum for |
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| 237 | 237 | | instruction regarding the dangers of opioids, including |
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| 238 | 238 | | instruction on: |
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| 239 | 239 | | (A) opioid addiction and abuse, including |
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| 240 | 240 | | addiction to and abuse of synthetic opioids such as fentanyl; and |
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| 241 | 241 | | (B) methods of administering an opioid |
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| 242 | 242 | | antagonist, as defined by Section 483.101, Health and Safety Code; |
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| 243 | 243 | | and |
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| 244 | 244 | | (8) appropriate grade levels and curriculum for |
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| 245 | 245 | | instruction regarding child abuse, family violence, dating |
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| 246 | 246 | | violence, and sex trafficking, including likely warning signs that |
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| 247 | 247 | | a child may be at risk for sex trafficking, provided that the local |
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| 248 | 248 | | school health advisory council's recommendations under this |
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| 249 | 249 | | subdivision do not conflict with the essential knowledge and skills |
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| 250 | 250 | | developed by the State Board of Education under this subchapter. |
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| 251 | 251 | | (j) A school district shall make all curriculum materials |
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| 252 | 252 | | used in the district's [human sexuality instruction or] instruction |
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| 253 | 253 | | relating to the prevention of child abuse, family violence, dating |
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| 254 | 254 | | violence, and sex trafficking[,] available by: |
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| 255 | 255 | | (1) for curriculum materials in the public domain: |
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| 256 | 256 | | (A) providing a copy of the curriculum materials |
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| 257 | 257 | | by mail or e-mail to a parent of a student enrolled in the district |
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| 258 | 258 | | on the parent's request; and |
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| 259 | 259 | | (B) posting the curriculum materials on the |
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| 260 | 260 | | district's Internet website, if the district has an Internet |
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| 261 | 261 | | website; and |
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| 262 | 262 | | (2) for copyrighted curriculum materials, allowing a |
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| 263 | 263 | | parent of a student enrolled in the district to: |
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| 264 | 264 | | (A) review the curriculum materials at the |
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| 265 | 265 | | student's campus at any time during regular business hours; |
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| 266 | 266 | | (B) purchase a copy of the curriculum materials |
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| 267 | 267 | | from the publisher as provided by the district's purchase agreement |
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| 268 | 268 | | for the curriculum materials under Subsection [(j-1) or] (j-2); or |
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| 269 | 269 | | (C) review the curriculum materials online |
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| 270 | 270 | | through a secure electronic account in a manner that prevents the |
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| 271 | 271 | | curriculum materials from being copied and that otherwise complies |
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| 272 | 272 | | with copyright law. |
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| 273 | 273 | | SECTION 4. Sections 28.004(e), (e-1), (e-2), (e-3), (f), |
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| 274 | 274 | | (g), (h), (i), (j-1), and (p)(2), Education Code, are repealed. |
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| 275 | 275 | | SECTION 5. This Act applies beginning with the 2026-2027 |
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| 276 | 276 | | school year. |
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| 277 | 277 | | SECTION 6. This Act takes effect immediately if it receives |
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| 278 | 278 | | a vote of two-thirds of all the members elected to each house, as |
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| 279 | 279 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 280 | 280 | | Act does not receive the vote necessary for immediate effect, this |
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| 281 | 281 | | Act takes effect September 1, 2025. |
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