84R5749 MEW-F
	By: Turner of Tarrant	H.B. No. 1351

	A BILL TO BE ENTITLED
	AN ACT
	relating to health education curriculum and instruction in public
	schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Texas Education
	Works Act.
	SECTION 2.  Section 28.004, Education Code, is amended by
	amending Subsection (e) and adding Subsection (o) 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 [must]:
	(1)  must present abstinence from sexual activity as
	the preferred choice of behavior in relationship to all sexual
	activity for [unmarried] persons of school age;
	(2)  must devote sufficient [more] attention to
	abstinence from sexual activity to emphasize the importance of
	abstinence from sexual activity [than to any other behavior];
	(3)  must 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 infections [diseases], sexually transmitted infection
	with human immunodeficiency virus, [or] acquired immune deficiency
	syndrome resulting from sexual activity, and the emotional distress
	that may be [trauma] associated with adolescent sexual activity
	that results in a sexually transmitted infection or an unintended
	pregnancy;
	(4)  must present age-appropriate information [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]
	(5)  must be medically accurate and, to the extent
	possible, evidence-based;
	(6)  must provide information about the effectiveness,
	proper use, health benefits, and side effects of methods approved
	by the United States Food and Drug Administration for reducing the
	risk of contracting sexually transmitted infections, including
	human immunodeficiency virus, and preventing pregnancy;
	(7)  must include strategies to promote effective
	communication between adolescents and their parents, legal
	guardians, and other family members about sexuality and healthy
	relationships;
	(8)  must encourage students to develop healthy life
	skills, including goal setting, critical thinking, problem
	solving, responsible decision-making regarding sexuality and
	relationships, refusal and negotiation, and effective
	communication;
	(9)  must teach skills for making responsible decisions
	about sexual activity, including how to avoid unwanted verbal or
	physical sexual advances and how to avoid making unwanted verbal or
	physical sexual advances; and
	(10)  may not promote bias against:
	(A)  students of any race, gender, sexual
	orientation, or ethnic or cultural background;
	(B)  sexually active students;
	(C)  children with disabilities; or
	(D)  students with children [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].
	(o)  In this section:
	(1)  "Age-appropriate information" means information,
	including topics, messages, and teaching methods, that is suitable
	for the particular ages or age groups of children and adolescents to
	whom the information is to be presented based on the developing
	cognitive, emotional, and behavioral capacity of children or
	adolescents of that age or age group.
	(2)  "Evidence-based" means:
	(A)  verified or supported by research that is:
	(i)  in compliance with accepted scientific
	methods; and
	(ii)  published in peer-reviewed journals,
	if appropriate; and
	(B)  proven, through rigorous scientific
	evaluation, to achieve positive outcomes concerning risky sexual
	behaviors or negative health consequences from risky sexual
	behaviors.
	(3)  "Medically accurate" means objective, complete,
	and consistent with information available from mainstream
	professional organizations and agencies with expertise in the
	relevant field, including the Centers for Disease Control and
	Prevention and the United States Department of Health and Human
	Services' Office of Adolescent Health.
	SECTION 3.  (a)  A school district that uses instructional
	materials that do not reflect the requirements prescribed by
	Section 28.004(e), Education Code, as amended by this Act, shall
	also use appropriate supplemental instructional materials as
	necessary to comply with those requirements.
	(b)  A school district that permits a person not employed by
	the district to present one or more components of the district's
	human sexuality instruction must require the person to comply with
	the requirements prescribed by Section 28.004(e), Education Code,
	as amended by this Act.
	SECTION 4.  This Act applies beginning with the 2015-2016
	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, 2015.