By: Hall, et al. S.B. No. 1396
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the adoption or use of national sex
education standards in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.002(b-1), (b-2), and (b-4),
Education Code, are amended to read as follows:
(b-1) In this section:
(1) "Common[, "common] core state standards" means the
national curriculum standards developed by the Common Core State
Standards Initiative.
(2) "National sex education standards" means national
standards for instruction in human sexuality or sexually
transmitted diseases, including standards developed by the Future
of Sex Education Initiative.
(b-2) The State Board of Education may not adopt common core
state standards or national sex education standards to comply with
a duty imposed under this chapter.
(b-4) Notwithstanding any other provision of this code, a
school district or open-enrollment charter school may not be
required to offer any aspect of a common core state standards
curriculum or any aspect of the national sex education standards.
SECTION 2. Section 28.004(e), Education Code, is amended to
read as follows:
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health advisory council and:
(1) must:
(A) [(1)] present abstinence from sexual
activity as the preferred choice of behavior in relationship to all
sexual activity for unmarried persons of school age;
(B) [(2)] devote more attention to abstinence
from sexual activity than to any other behavior;
(C) [(3)] emphasize that abstinence from sexual
activity, if used consistently and correctly, is the only method
that is 100 percent effective in preventing pregnancy, sexually
transmitted diseases, infection with human immunodeficiency virus
or acquired immune deficiency syndrome, and the emotional trauma
associated with adolescent sexual activity;
(D) [(4)] direct adolescents to a standard of
behavior in which abstinence from sexual activity before marriage
is the most effective way to prevent pregnancy, sexually
transmitted diseases, and infection with human immunodeficiency
virus or acquired immune deficiency syndrome; and
(E) [(5)] teach contraception and condom use in
terms of human use reality rates instead of theoretical laboratory
rates, if instruction on contraception and condoms is included in
curriculum content; and
(2) may not be based on national sex education
standards, as defined by Section 28.002(b-1).
SECTION 3. This Act applies beginning with the 2025-2026
school year.
SECTION 4. 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.