89R15802 CMO-F
By: Reynolds H.B. No. 5056
A BILL TO BE ENTITLED
AN ACT
relating to human sexuality education in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0042 to read as follows:
Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this
section:
(1) "Age-appropriate" means suitable to particular
ages or age groups of children or adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for the age
or age group.
(2) "Medically accurate" means supported by
peer-reviewed research conducted in compliance with accepted
scientific methods and recognized as accurate by leading
professional organizations and agencies with relevant experience,
such as the American Medical Association.
(b) A school district shall provide human sexuality
education in accordance with this section at grade levels specified
by the State Board of Education.
(c) The State Board of Education by rule shall adopt the
essential knowledge and skills for medically accurate,
age-appropriate curricula to be used by a school district in
providing human sexuality education under this section. As
age-appropriate, the curricula must:
(1) be inclusive of same-sex couples when discussing
or providing examples of relationships, and include affirming
information regarding gender identity, gender expression, and
sexual orientation;
(2) cover human sexuality, pregnancy, and sexually
transmitted infections, including:
(A) human immunodeficiency virus (HIV) and
acquired immune deficiency syndrome (AIDS);
(B) methods of transmission, including
intravenous drug use;
(C) strategies to reduce the risk of HIV
infection;
(D) social and public health issues related to
HIV and AIDS; and
(E) treatment of HIV and other sexually
transmitted infections;
(3) discuss human sexuality as a normal and healthy
aspect of human development;
(4) discuss local resources for sexual and
reproductive health care, including how to access those resources;
(5) emphasize that abstinence from sexual activity, if
used consistently and correctly, is the only method that is 100
percent effective in preventing pregnancy and sexually transmitted
infections;
(6) provide information about the effectiveness, side
effects, and proper use of the methods approved by the United States
Food and Drug Administration for preventing unintended pregnancy
and reducing the risk of contracting sexually transmitted
infections;
(7) promote relationship, communication, and
decision-making skills, including strategies to:
(A) develop healthy, age-appropriate
relationships;
(B) develop healthy life skills, including
critical thinking, problem solving, effective communication, and
responsible decision making about sexuality and relationships; and
(C) promote effective communication between
adolescents and their parents, legal guardians, or other family
members about sexuality and relationships; and
(8) discuss information and resources relating to
sexual harassment, sexual assault, adolescent relationship abuse,
intimate partner violence, and sex trafficking.
(d) A school district may separate students according to sex
when providing instruction under this section.
(e) A school district shall make all curriculum materials
used in the district's human sexuality education available for
reasonable public inspection.
(f) A student shall be excused from human sexuality
education on the written request of a parent or legal guardian
without being subjected to any disciplinary action, academic
penalty, or other sanction imposed by the school district or the
student's school.
(g) Before each school year, a school district shall provide
written notice to a parent or legal guardian of each student
enrolled in the district of the intent to provide human sexuality
education under this section. The notice must include:
(1) a summary of the basic content of the human
sexuality education to be provided to the student; and
(2) a statement of the parent's or legal guardian's
right to:
(A) review curriculum materials as provided by
Subsection (e); and
(B) remove the student from any part of the
district's human sexuality education as provided by Subsection (f).
SECTION 2. Sections 28.004(c) and (j), Education Code, are
amended 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) policies adopted by the district regarding the
human sexuality education provided under Section
28.0042 [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;
(7) appropriate grade levels and curriculum for
instruction regarding the dangers of opioids, including
instruction on:
(A) opioid addiction and abuse, including
addiction to and abuse of synthetic opioids such as fentanyl; and
(B) 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.
SECTION 3. Sections 28.004(e), (e-1), (e-2), (e-3), (g),
(h), (i), (j-1), and (p)(2), Education Code, are repealed.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.