84R593 MEW-F
	By: Ellis	S.B. No. 88

	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 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
	infections [diseases], sexually transmitted [and] infection with
	human immunodeficiency virus, and [or] acquired immune deficiency
	syndrome resulting from sexual activity; [and]
	(5)  must present age-appropriate information;
	(6)  must be evidence-based;
	(7)  must provide information about the effectiveness
	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;
	(8)  must include strategies to promote effective
	communication between adolescents and their parents and other
	family members about values and healthy relationships;
	(9)  must encourage students to develop healthy life
	skills, including goal setting, responsible decision making,
	refusal and negotiation, and effective communication;
	(10)  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
	(11)  may not promote bias against:
	(A)  students of any race, gender, sexual
	orientation, or ethnic or cultural background;
	(B)  sexually active students; or
	(C)  children with disabilities [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;
	(ii)  published in peer-reviewed journals,
	if appropriate; and
	(iii)  recognized as medically accurate,
	objective, and complete by 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; and
	(B)  proven, through rigorous scientific
	evaluation, to achieve positive outcomes concerning sexually risky
	behavior or negative health consequences of sexually risky
	behavior.
	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.