84R1873 KJE-F
	By: González	H.B. No. 78

	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 28.0041 to read as follows:
	Sec. 28.0041.  HUMAN SEXUALITY EDUCATION. (a) In this
	section:
	(1)  "Age appropriate" means topics, messages, and
	teaching methods 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 curriculum to be used by a school district in
	providing human sexuality education under this section. As age
	appropriate, the curriculum must:
	(1)  cover human sexuality, pregnancy, and sexually
	transmitted infections;
	(2)  discuss human sexuality as a normal and healthy
	aspect of human development;
	(3)  present abstinence from sexual activity as the
	preferred choice of behavior in relationship to all sexual activity
	for unmarried persons of school age;
	(4)  devote sufficient attention to abstinence from
	sexual activity to emphasize the importance of abstinence;
	(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 health benefits,
	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; and
	(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.
	(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 school district shall adopt a policy regarding whether
	condoms may be distributed in connection with human sexuality
	education.
	(g)  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.
	(h)  Before each school year, a school district shall provide
	written notice to a parent 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;
	(2)  the district's policy on the distribution of
	condoms in connection with human sexuality education; and
	(3)  a statement of the parent'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 (g).
	SECTION 2.  Section 12.104(b), Education Code, is amended to
	read as follows:
	(b)  An open-enrollment charter school is subject to:
	(1)  a provision of this title establishing a criminal
	offense; and
	(2)  a prohibition, restriction, or requirement, as
	applicable, imposed by this title or a rule adopted under this
	title, relating to:
	(A)  the Public Education Information Management
	System (PEIMS) to the extent necessary to monitor compliance with
	this subchapter as determined by the commissioner;
	(B)  criminal history records under Subchapter C,
	Chapter 22;
	(C)  reading instruments and accelerated reading
	instruction programs under Section 28.006;
	(D)  accelerated instruction under Section
	28.0211;
	(E)  high school graduation requirements under
	Section 28.025;
	(F)  special education programs under Subchapter
	A, Chapter 29;
	(G)  bilingual education under Subchapter B,
	Chapter 29;
	(H)  prekindergarten programs under Subchapter E,
	Chapter 29;
	(I)  extracurricular activities under Section
	33.081;
	(J)  discipline management practices or behavior
	management techniques under Section 37.0021;
	(K)  health and safety under Chapter 38;
	(L)  public school accountability under
	Subchapters B, C, D, E, F, G, and J, Chapter 39;
	(M)  the requirement under Section 21.006 to
	report an educator's misconduct; [and]
	(N)  intensive programs of instruction under
	Section 28.0213; and
	(O)  human sexuality education under Section
	28.0041.
	SECTION 3.  Sections 28.004(c) and (n), 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 health education;
	(2)  policies, procedures, strategies, and curriculum
	appropriate for specific grade levels designed to prevent obesity,
	cardiovascular disease, Type 2 diabetes, and mental health concerns
	through coordination of:
	(A)  health education;
	(B)  physical education and physical activity;
	(C)  nutrition services;
	(D)  parental involvement;
	(E)  instruction to prevent the use of tobacco;
	(F)  school health services;
	(G)  counseling and guidance services;
	(H)  a safe and healthy school environment; and
	(I)  school employee wellness;
	(3)  [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;
	(B)  counseling and guidance services;
	(C)  a safe and healthy school environment; and
	(D)  school employee wellness; and
	(4) [(5)]  if feasible, joint use agreements or
	strategies for collaboration between the school district and
	community organizations or agencies.
	(n)  Any joint use agreement that a school district and
	community organization or agency enter into based on a
	recommendation of the local school health advisory council under
	Subsection (c)(4) [(5)] must address liability for the school
	district and community organization or agency in the agreement.
	SECTION 4.  Sections 28.004(e), (f), (g), (h), (i), (i-1),
	and (j), Education Code, are repealed.
	SECTION 5.  This Act applies beginning with the 2016-2017
	school year.
	SECTION 6.  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.