By Coleman, Maxey, Chisum H.B. No. 648
75R3909 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to local school health education advisory councils and to
1-3 human sexuality instruction in public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28.004, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 28.004. LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
1-8 AND HEALTH EDUCATION [HUMAN SEXUALITY] INSTRUCTION. (a) The
1-9 board of trustees of each school district shall establish a local
1-10 school health education advisory council to assist the district in
1-11 ensuring that local community values are reflected in the
1-12 district's health education instruction.
1-13 (b) A school district must consider the recommendations of
1-14 the local school health education advisory council before changing
1-15 the district's health education curriculum or instruction.
1-16 (c) The local school health education advisory council's
1-17 duties include recommending:
1-18 (1) the number of hours of instruction to be provided
1-19 in health education;
1-20 (2) health education curriculum appropriate for
1-21 specific grade levels; and
1-22 (3) appropriate grade levels and methods of
1-23 instruction for human sexuality instruction.
1-24 (d) The board of trustees shall appoint members to the local
2-1 school health education advisory council. A majority of the
2-2 members must be parents of students enrolled in the district. The
2-3 board of trustees also shall appoint at least one person from each
2-4 group as follows:
2-5 (1) teachers;
2-6 (2) school administrators;
2-7 (3) students;
2-8 (4) health care professionals;
2-9 (5) the business community;
2-10 (6) law enforcement;
2-11 (7) senior citizens;
2-12 (8) the clergy; and
2-13 (9) nonprofit health organizations.
2-14 (e) The board of trustees of a district may also appoint to
2-15 the local school health education advisory council a representative
2-16 from a group other than a group specified under Subsection (d).
2-17 (f) Any course materials and instruction relating to human
2-18 sexuality, sexually transmitted diseases, or human immunodeficiency
2-19 virus or acquired immune deficiency syndrome shall be selected by
2-20 the board of trustees [of a school district] with the advice of the
2-21 local school health education advisory council [established under
2-22 Subsection (e)] and must:
2-23 (1) present abstinence from sexual activity as the
2-24 preferred choice of behavior in relationship to all sexual activity
2-25 for unmarried persons of school age;
2-26 (2) devote more attention to abstinence from sexual
2-27 activity than to any other behavior;
3-1 (3) emphasize that abstinence from sexual activity, if
3-2 used consistently and correctly, is the only method that is 100
3-3 percent effective in preventing pregnancy, sexually transmitted
3-4 diseases, infection with human immunodeficiency virus or acquired
3-5 immune deficiency syndrome, and the emotional trauma associated
3-6 with adolescent sexual activity;
3-7 (4) direct adolescents to a standard of behavior in
3-8 which abstinence from sexual activity before marriage is the most
3-9 effective way to prevent pregnancy, sexually transmitted diseases,
3-10 and infection with human immunodeficiency virus or acquired immune
3-11 deficiency syndrome; and
3-12 (5) teach contraception and condom use in terms of
3-13 human use reality rates instead of theoretical laboratory rates, if
3-14 instruction on contraception and condoms is included in curriculum
3-15 content.
3-16 (g) [(b)] A school district may not distribute condoms in
3-17 connection with instruction relating to human sexuality.
3-18 (h) [(c)] A school district that provides human sexuality
3-19 instruction may separate students according to sex for
3-20 instructional purposes.
3-21 (i) [(d)] The board of trustees [of a school district] shall
3-22 determine the specific content of the district's instruction in
3-23 human sexuality, in accordance with Subsections (f) [(a)], (g)
3-24 [(b)], and (h) [(c)].
3-25 (j) [A change in health curriculum content or instruction
3-26 may not be made before considering the recommendations of the local
3-27 health education advisory council.]
4-1 [(e) A school district shall establish a local health
4-2 education advisory council to assist the district in ensuring that
4-3 local community values and health issues are reflected in the
4-4 district's human sexuality instruction.]
4-5 [(f) The council's duties include:]
4-6 [(1) recommending appropriate grade levels for human
4-7 sexuality instruction;]
4-8 [(2) recommending the methods of instruction to be
4-9 used by a teacher in human sexuality instruction education; and]
4-10 [(3) recommending the number of hours of instruction
4-11 to be provided in health education.]
4-12 [(g) The council:]
4-13 [(1) must include persons who represent diverse views
4-14 in the community about human sexuality instruction;]
4-15 [(2) must include parents of students enrolled in the
4-16 district as a majority of the council; and]
4-17 [(3) may include teachers, school administrators,
4-18 students, health care professionals, members of the business
4-19 community, law enforcement representatives, senior citizens,
4-20 clergy, or other interested persons.]
4-21 [(h)] A school district shall notify a parent of each
4-22 student enrolled in the district of:
4-23 (1) the basic content of the district's human
4-24 sexuality instruction to be provided to the student; and
4-25 (2) the parent's right to remove the student from any
4-26 part of the district's human sexuality instruction.
4-27 (k) [(i)] A school district shall make all curriculum
5-1 materials used in the district's human sexuality instruction
5-2 available for reasonable public inspection.
5-3 SECTION 2. This Act applies beginning with the 1997-1998
5-4 school year.
5-5 SECTION 3. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended,
5-10 and that this Act take effect and be in force from and after its
5-11 passage, and it is so enacted.