Texas 2025 - 89th Regular

Texas House Bill HB3548 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10355 ANG-D
2	2	By: Harris Davila H.B. No. 3548
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to local school health advisory councils and instruction
10	10	regarding human sexuality, sexual orientation, and gender identity
11	11	provided by public schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 12.104(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) An open-enrollment charter school is subject to:
16	16	(1) a provision of this title establishing a criminal
17	17	offense;
18	18	(2) the provisions in Chapter 554, Government Code;
19	19	and
20	20	(3) a prohibition, restriction, or requirement, as
21	21	applicable, imposed by this title or a rule adopted under this
22	22	title, relating to:
23	23	(A) the Public Education Information Management
24	24	System (PEIMS) to the extent necessary to monitor compliance with
25	25	this subchapter as determined by the commissioner;
26	26	(B) criminal history records under Subchapter C,
27	27	Chapter 22;
28	28	(C) reading instruments and accelerated reading
29	29	instruction programs under Section 28.006;
30	30	(D) accelerated instruction under Section
31	31	28.0211;
32	32	(E) high school graduation requirements under
33	33	Section 28.025;
34	34	(F) special education programs under Subchapter
35	35	A, Chapter 29;
36	36	(G) bilingual education under Subchapter B,
37	37	Chapter 29;
38	38	(H) prekindergarten programs under Subchapter E
39	39	or E-1, Chapter 29, except class size limits for prekindergarten
40	40	classes imposed under Section 25.112, which do not apply;
41	41	(I) extracurricular activities under Section
42	42	33.081;
43	43	(J) discipline management practices or behavior
44	44	management techniques under Section 37.0021;
45	45	(K) health and safety under Chapter 38;
46	46	(L) the provisions of Subchapter A, Chapter 39;
47	47	(M) public school accountability and special
48	48	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
49	49	39, and Chapter 39A;
50	50	(N) the requirement under Section 21.006 to
51	51	report an educator's misconduct;
52	52	(O) intensive programs of instruction under
53	53	Section 28.0213;
54	54	(P) the right of a school employee to report a
55	55	crime, as provided by Section 37.148;
56	56	(Q) bullying prevention policies and procedures
57	57	under Section 37.0832;
58	58	(R) the right of a school under Section 37.0052
59	59	to place a student who has engaged in certain bullying behavior in a
60	60	disciplinary alternative education program or to expel the student;
61	61	(S) the right under Section 37.0151 to report to
62	62	local law enforcement certain conduct constituting assault or
63	63	harassment;
64	64	(T) a parent's right to information regarding the
65	65	provision of assistance for learning difficulties to the parent's
66	66	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
67	67	(U) establishment of residency under Section
68	68	25.001;
69	69	(V) school safety requirements under Sections
70	70	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
71	71	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
72	72	37.2071 and Subchapter J, Chapter 37;
73	73	(W) the early childhood literacy and mathematics
74	74	proficiency plans under Section 11.185;
75	75	(X) the college, career, and military readiness
76	76	plans under Section 11.186; [and]
77	77	(Y) parental options to retain a student under
78	78	Section 28.02124; and
79	79	(Z) establishment of a local school health
80	80	advisory council with members appointed by the governing body of
81	81	the school and health education instruction that complies with
82	82	Section 28.004.
83	83	SECTION 2. Section 12A.004(a), Education Code, is amended
84	84	to read as follows:
85	85	(a) A local innovation plan may not provide for the
86	86	exemption of a district designated as a district of innovation from
87	87	the following provisions of this title:
88	88	(1) a state or federal requirement applicable to an
89	89	open-enrollment charter school operating under Subchapter D,
90	90	Chapter 12;
91	91	(2) Subchapters A, C, D, and E, Chapter 11, except that
92	92	a district may be exempt from Sections 11.1511(b)(5) and (14) and
93	93	Section 11.162;
94	94	(3) state curriculum and graduation requirements
95	95	adopted under Chapter 28; [and]
96	96	(4) Section 28.004; and
97	97	(5) academic and financial accountability and
98	98	sanctions under Chapters 39 and 39A.
99	99	SECTION 3. Section 28.004, Education Code, is amended by
100	100	amending Subsection (c) and adding Subsections (r), (s), (t), (u),
101	101	and (v) to read as follows:
102	102	(c) The local school health advisory council's duties
103	103	include recommending:
104	104	(1) the number of hours of instruction to be provided
105	105	in:
106	106	(A) health education in kindergarten through
107	107	grade eight; and
108	108	(B) if the school district requires health
109	109	education for high school graduation, health education, including
110	110	physical health education and mental health education, in grades 9
111	111	through 12;
112	112	(2) policies, procedures, strategies, and curriculum
113	113	appropriate for specific grade levels designed to prevent physical
114	114	health concerns, including obesity, cardiovascular disease, Type 2
115	115	diabetes, and mental health concerns, including suicide, through
116	116	coordination of:
117	117	(A) health education, which must address
118	118	physical health concerns and mental health concerns to ensure the
119	119	integration of physical health education and mental health
120	120	education;
121	121	(B) physical education and physical activity;
122	122	(C) nutrition services;
123	123	(D) parental involvement;
124	124	(E) instruction on substance abuse prevention;
125	125	(F) school health services, including mental
126	126	health services;
127	127	(G) a comprehensive school counseling program
128	128	under Section 33.005;
129	129	(H) a safe and healthy school environment; and
130	130	(I) school employee wellness;
131	131	(3) appropriate grade levels and methods of
132	132	instruction for human sexuality instruction;
133	133	(4) strategies for integrating the curriculum
134	134	components specified by Subdivision (2) with the following elements
135	135	in a coordinated school health program for the district:
136	136	(A) school health services, including physical
137	137	health services and mental health services, if provided at a campus
138	138	by the district or by a third party under a contract with the
139	139	district;
140	140	(B) a comprehensive school counseling program
141	141	under Section 33.005;
142	142	(C) a safe and healthy school environment; and
143	143	(D) school employee wellness;
144	144	(5) if feasible, joint use agreements or strategies
145	145	for collaboration between the school district and community
146	146	organizations or agencies;
147	147	(6) strategies to increase parental awareness
148	148	regarding:
149	149	(A) risky behaviors and early warning signs of
150	150	suicide risks and behavioral health concerns, including mental
151	151	health disorders and substance use disorders; and
152	152	(B) available community programs and services
153	153	that address risky behaviors, suicide risks, and behavioral health
154	154	concerns;
155	155	(7) appropriate grade levels and curriculum for
156	156	instruction regarding the dangers of opioids, including
157	157	instruction on:
158	158	(A) opioid addiction and abuse, including
159	159	addiction to and abuse of synthetic opioids such as fentanyl; and
160	160	(B) methods of administering an opioid
161	161	antagonist, as defined by Section 483.101, Health and Safety Code;
162	162	[and]
163	163	(8) appropriate grade levels and curriculum for
164	164	instruction regarding child abuse, family violence, dating
165	165	violence, and sex trafficking, including likely warning signs that
166	166	a child may be at risk for sex trafficking, provided that the local
167	167	school health advisory council's recommendations under this
168	168	subdivision do not conflict with the essential knowledge and skills
169	169	developed by the State Board of Education under this subchapter;
170	170	and
171	171	(9) the communication policy described by Subsection
172	172	(r) for approval by the board of trustees of the school district.
173	173	(r) Subject to the restriction imposed by Section 28.0043
174	174	and using the procedure described by Subsection (e-1) of this
175	175	section, the board of trustees shall adopt a written policy
176	176	regarding communication outside of a course dedicated to human
177	177	sexuality instruction between a school employee and a student
178	178	enrolled in the district concerning topics included in the
179	179	reproductive and sexual health curriculum. The policy must:
180	180	(1) direct school employees for discussion of topics
181	181	included in the reproductive and sexual health curriculum to refer
182	182	students to the student's parent, a school counselor, or, if
183	183	applicable, the student's teacher responsible for teaching
184	184	materials related to human sexuality instruction;
185	185	(2) inform school employees of appropriate boundaries
186	186	related to communicating with students; and
187	187	(3) include provisions designed to prevent improper
188	188	communication between school employees and students.
189	189	(s) A school district shall make the policy adopted under
190	190	Subsection (r) available in the same manner as curriculum materials
191	191	under Subsection (j)(1).
192	192	(t) A school district may not host an extracurricular
193	193	activity related to human sexuality unless the board of trustees
194	194	has adopted a written policy, subject to the restriction imposed by
195	195	Section 28.0043 and using the procedure described by Subsection
196	196	(e-1) of this section, specifying the circumstances in which the
197	197	district may host an extracurricular activity related to human
198	198	sexuality.
199	199	(u) For purposes of adopting a communication policy under
200	200	this section, "communication" includes any verbal or written
201	201	communication conducted in person or facilitated through the use of
202	202	an electronic device, including communication conducted through a
203	203	telephone, cellular telephone, computer, personal data assistant,
204	204	or pager or through a computer network, e-mail, text message,
205	205	instant message, social media application, or Internet website.
206	206	(v) If the attorney general or an appropriate district or
207	207	county attorney believes a school district has violated or is
208	208	violating the provisions of this section, the attorney general or
209	209	district or county attorney may bring a cause of action on behalf of
210	210	the state to enjoin the district from violating the provisions. The
211	211	action may be brought in a district court in Travis County or a
212	212	county in which any part of the violation or threatened violation
213	213	occurred. The court may grant any prohibitory or mandatory relief
214	214	warranted by the facts, including a temporary restraining order,
215	215	temporary injunction, or permanent injunction.
216	216	SECTION 4. Subchapter A, Chapter 28, Education Code, is
217	217	amended by adding Section 28.0043 to read as follows:
218	218	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
219	219	ORIENTATION AND GENDER IDENTITY. (a) A school district,
220	220	open-enrollment charter school, or district or charter school
221	221	employee may not provide or allow a third party to provide
222	222	instruction, guidance, activities, or programming regarding sexual
223	223	orientation or gender identity to students enrolled in
224	224	prekindergarten through 12th grade.
225	225	(b) This section may not be construed to limit:
226	226	(1) a student's ability to engage in speech or
227	227	expressive conduct protected by the First Amendment to the United
228	228	States Constitution or by Section 8, Article I, Texas Constitution,
229	229	that does not result in material disruption to school activities;
230	230	or
231	231	(2) the ability of a person who is authorized by the
232	232	district to provide physical or mental health-related services to
233	233	provide the services to a student, subject to any required parental
234	234	consent.
235	235	SECTION 5. Section 12A.004(a), Education Code, as amended
236	236	by this Act, applies to a local innovation plan adopted or renewed
237	237	before, on, or after the effective date of this Act.
238	238	SECTION 6. Section 28.004, Education Code, as amended by
239	239	this Act, applies only to a cause of action that accrues on or after
240	240	the effective date of this Act.
241	241	SECTION 7. This Act takes effect immediately if it receives
242	242	a vote of two-thirds of all the members elected to each house, as
243	243	provided by Section 39, Article III, Texas Constitution. If this
244	244	Act does not receive the vote necessary for immediate effect, this
245	245	Act takes effect September 1, 2025.