Amend SB 19, house committee report, as follows:
(1) Between existing SECTIONS 1 and 2 of the bill (page 1,
between lines 15 and 16), insert the following new SECTION:
SECTION 2. Section 28.004, Education Code, is amended to read
as follows:
Sec. 28.004. LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
AND HEALTH EDUCATION <HUMAN SEXUALITY> INSTRUCTION. (a) The board
of trustees of each school district shall establish a local school
health education advisory council to assist the district in
ensuring that local community values are reflected in the
district's health education instruction.
(b) A school district must consider the recommendations of
the local school health education advisory council before changing
the district's health education curriculum or instruction.
(c) The local school health education advisory council's
duties include recommending:
(1) the number of hours of instruction to be provided
in health education;
(2) health education curriculum appropriate for
specific grade levels that may include a coordinated health
education program designed to prevent obesity, cardiovascular
disease, and Type II diabetes through coordination of:
(A) health education;
(B) physical education;
(C) nutritional services;
(D) parental involvement; and
(E) instruction to prevent the use of tobacco;
and
(3) appropriate grade levels and methods of
instruction for human sexuality instruction.
(d) The board of trustees shall appoint members to the local
school health education advisory council. A majority of the
members must be persons who are parents of students enrolled in the
district and who are not employed by the district. The board of
trustees also may appoint one or more persons from each of the
following groups or a representative from a group other than a
group specified under this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; and
(9) nonprofit health organizations.
(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 <of a school district> with the advice of the
local school health education advisory council <established under
Subsection (e)> and must:
(1) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(2) devote more attention to abstinence from sexual
activity than to any other behavior;
(3) 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
diseases, infection with human immunodeficiency virus or acquired
immune deficiency syndrome, and the emotional trauma associated
with adolescent sexual activity;
(4) 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) 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.
(f) <(b)> A school district may not distribute condoms in
connection with instruction relating to human sexuality.
(g) <(c)> A school district that provides human sexuality
instruction may separate students according to sex for
instructional purposes.
(h) <(d)> The board of trustees <of a school district> shall
determine the specific content of the district's instruction in
human sexuality, in accordance with Subsections (e) <(a)>,
(f) <(b)>, and (g) <(c)>.
(i) <A change in health curriculum content or instruction
may not be made before considering the recommendations of the local
health education advisory council.>
<(e) A school district shall establish a local health
education advisory council to assist the district in ensuring that
local community values and health issues are reflected in the
district's human sexuality instruction.>
<(f) The council's duties include:>
<(1) recommending appropriate grade levels for human
sexuality instruction;>
<(2) recommending the methods of instruction to be
used by a teacher in human sexuality instruction education; and>
<(3) recommending the number of hours of instruction
to be provided in health education.>
<(g) The council:>
<(1) must include persons who represent diverse views
in the community about human sexuality instruction;>
<(2) must include parents of students enrolled in the
district as a majority of the council; and>
<(3) may include teachers, school administrators,
students, health care professionals, members of the business
community, law enforcement representatives, senior citizens,
clergy, or other interested persons.>
<(h)> A school district shall notify a parent of each
student enrolled in the district of:
(1) the basic content of the district's human
sexuality instruction to be provided to the student; and
(2) the parent's right to remove the student from any
part of the district's human sexuality instruction.
(j) <(i)> A school district shall make all curriculum
materials used in the district's human sexuality instruction
available for reasonable public inspection.
(2) In existing SECTION 2 of the bill (page 1, line 16),
strike "SECTION 2" and substitute "SECTION 3".