By Coleman                                             H.B. No. 814
         77R3539 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     health education 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 board
 1-9     of trustees of each school district shall establish a local school
1-10     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)  public school teachers;
 2-6                 (2)  public school administrators;
 2-7                 (3)  district 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)],
3-24     (g) [(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. Section 39.073(e), Education Code, is amended to
 5-4     read as follows:
 5-5           (e)  In determining a district's accreditation rating, the
 5-6     agency shall consider the district's:
 5-7                 (1)  current special education compliance status with
 5-8     the agency; and
 5-9                 (2)  compliance with Section 28.004 and the
5-10     effectiveness of the local school health education advisory council
5-11     appointed by the board of trustees of the district under that
5-12     section.
5-13           SECTION 3.  This Act applies beginning with the 2001-2002
5-14     school year.
5-15           SECTION 4.  This Act takes effect immediately if it receives
5-16     a vote of two-thirds of all the members elected to each house, as
5-17     provided by Section 39, Article III, Texas Constitution.  If this
5-18     Act does not receive the vote necessary for immediate effect, this
5-19     Act takes effect September 1, 2001.