By Coleman                                            H.B. No. 2469
       74R6627 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to health education instruction in public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 21.101(a), Education Code, is amended to
    1-5  read as follows:
    1-6        (a)  Each school district that offers prekindergarten through
    1-7  grade 12 shall offer a well-balanced curriculum that includes:
    1-8              (1)  English language arts;
    1-9              (2)  other languages, to the extent possible;
   1-10              (3)  mathematics;
   1-11              (4)  science;
   1-12              (5)  health, as provided by Section 21.104;
   1-13              (6)  physical education;
   1-14              (7)  fine arts;
   1-15              (8)  social studies;
   1-16              (9)  economics, with emphasis on the free enterprise
   1-17  system and its benefits;
   1-18              (10)  business education;
   1-19              (11)  vocational education; and
   1-20              (12)  Texas and United States history as individual
   1-21  subjects and in reading courses.
   1-22        SECTION 2.  Subchapter D, Chapter 21, Education Code, is
   1-23  amended by adding Section 21.104 to read as follows:
   1-24        Sec. 21.104.  HEALTH EDUCATION INSTRUCTION.  (a)  The State
    2-1  Board of Education shall, with the assistance of parents, the Texas
    2-2  Department of Health, and the Texas Higher Education Coordinating
    2-3  Board, adopt general guidelines for instruction in health
    2-4  education.  The guidelines must:
    2-5              (1)  require the provision of age-appropriate
    2-6  instruction to each student enrolled in prekindergarten,
    2-7  kindergarten, or grades 1-12 in:
    2-8                    (A)  communicable diseases, including acquired
    2-9  immune deficiency syndrome (AIDS) and human immunodeficiency virus
   2-10  infection (HIV);
   2-11                    (B)  community and environmental health;
   2-12                    (C)  consumer health;
   2-13                    (D)  dental health;
   2-14                    (E)  tobacco, alcohol, and other drug use;
   2-15                    (F)  human growth and development;
   2-16                    (G)  hereditary and developmental conditions;
   2-17                    (H)  mental health;
   2-18                    (I)  nutrition, personal health, and physical
   2-19  fitness;
   2-20                    (J)  family life issues;
   2-21                    (K)  injury prevention and emergency care;
   2-22                    (L)  motor vehicle safety;
   2-23                    (M)  high-risk behaviors, including student
   2-24  sexual activity and physical and mental abuse; and
   2-25                    (N)  family roles, child development, and
   2-26  parenting;
   2-27              (2)  require the presentation of abstinence from sexual
    3-1  activity as the preferred choice of behavior for an unmarried
    3-2  student;
    3-3              (3)  require a district to permit a parent to remove a
    3-4  student from any part of the district's health education
    3-5  instruction that conflicts with the religious beliefs of the parent
    3-6  or student; and
    3-7              (4)  recommend:
    3-8                    (A)  the methods of instruction to be used by a
    3-9  teacher in the area of health education;
   3-10                    (B)  the number of hours of instruction to be
   3-11  provided in health education; and
   3-12                    (C)  appropriate training to be provided to a
   3-13  teacher in the area of health education.
   3-14        (b)  A school district shall determine the specific content
   3-15  of the district's instruction in health education, consistent with
   3-16  the state guidelines adopted under Subsection (a), after
   3-17  considering the recommendations of a local health education
   3-18  advisory council created under Subsection (c).
   3-19        (c)  A school district shall establish a local health
   3-20  education advisory council to assist the district in ensuring that
   3-21  local community values and health issues are reflected in the
   3-22  district's health education instruction.  The council:
   3-23              (1)  must include persons who represent diverse views
   3-24  in the community about health education instruction;
   3-25              (2)  must include parents of students enrolled in the
   3-26  district as a majority of the council; and
   3-27              (3)  may include teachers, school administrators,
    4-1  students, health care professionals, members of the business
    4-2  community, law enforcement representatives, senior citizens, or
    4-3  other interested persons.
    4-4        (d)  A school district shall notify a parent of each student
    4-5  enrolled in the district of:
    4-6              (1)  the basic content of the district's health
    4-7  education instruction to be provided to the student; and
    4-8              (2)  the parent's right to remove the student from any
    4-9  part of the district's health education instruction that conflicts
   4-10  with the religious beliefs of the parent or student.
   4-11        (e)  A school district shall make all curriculum materials
   4-12  used in the district's health education instruction available for
   4-13  reasonable public inspection.
   4-14        SECTION 3.  This Act applies beginning with the 1996-1997
   4-15  school year.
   4-16        SECTION 4.  (a)  The State Board of Education shall adopt
   4-17  guidelines, as required by Section 21.104(a), Education Code, as
   4-18  added by this Act, not later than January 1, 1996.
   4-19        (b)  The board of trustess of a school district shall
   4-20  establish a local health education advisory council, as required by
   4-21  Section 21.104(c), Education Code, as added by this Act, not later
   4-22  than January 1, 1996.
   4-23        SECTION 5.  The importance of this legislation and the
   4-24  crowded condition of the calendars in both houses create an
   4-25  emergency and an imperative public necessity that the
   4-26  constitutional rule requiring bills to be read on three several
   4-27  days in each house be suspended, and this rule is hereby suspended.