By Coleman H.B. No. 2393
77R6829 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to health education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 163, Health and Safety Code, is amended
1-5 by adding Section 163.003 to read as follows:
1-6 Sec. 163.003. LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
1-7 AND HEALTH EDUCATION INSTRUCTION. (a) The board of trustees of
1-8 each school district shall establish a local school health
1-9 education advisory council to assist the district in ensuring that
1-10 local community values are reflected in the district's health
1-11 education instruction.
1-12 (b) A school district must consider the recommendations of
1-13 the local school health education advisory council before changing
1-14 the district's health education curriculum or instruction.
1-15 (c) The local school health education advisory council's
1-16 duties include recommending:
1-17 (1) the number of hours of instruction to be provided
1-18 in health education;
1-19 (2) health education curriculum appropriate for
1-20 specific grade levels; and
1-21 (3) appropriate grade levels and methods of
1-22 instruction for human sexuality instruction.
1-23 (d) The board of trustees shall appoint members to the local
1-24 school health education advisory council. A majority of the
2-1 members must be parents of students enrolled in the district. The
2-2 board of trustees also shall appoint at least one person from each
2-3 group as follows:
2-4 (1) public school teachers;
2-5 (2) public school administrators;
2-6 (3) district students;
2-7 (4) health care professionals;
2-8 (5) the business community;
2-9 (6) law enforcement;
2-10 (7) senior citizens;
2-11 (8) the clergy; and
2-12 (9) nonprofit health organizations.
2-13 (e) The board of trustees of a district may also appoint to
2-14 the local school health education advisory council a representative
2-15 from a group other than a group specified under Subsection (d).
2-16 (f) Any course materials and instruction relating to human
2-17 sexuality, sexually transmitted diseases, or human immunodeficiency
2-18 virus or acquired immune deficiency syndrome used by a school
2-19 district shall be selected by the board of trustees with the advice
2-20 of the local school health education advisory council and must:
2-21 (1) present abstinence from sexual activity as the
2-22 preferred choice of behavior in relationship to all sexual activity
2-23 for unmarried persons of school age;
2-24 (2) devote more attention to abstinence from sexual
2-25 activity than to any other behavior;
2-26 (3) emphasize that abstinence from sexual activity, if
2-27 used consistently and correctly, is the only method that is 100
3-1 percent effective in preventing pregnancy, sexually transmitted
3-2 diseases, infection with human immunodeficiency virus or acquired
3-3 immune deficiency syndrome, and the emotional trauma associated
3-4 with adolescent sexual activity;
3-5 (4) direct adolescents to a standard of behavior in
3-6 which abstinence from sexual activity before marriage is the most
3-7 effective way to prevent pregnancy, sexually transmitted diseases,
3-8 and infection with human immunodeficiency virus or acquired immune
3-9 deficiency syndrome; and
3-10 (5) teach contraception and condom use in terms of
3-11 human use reality rates instead of theoretical laboratory rates, if
3-12 instruction on contraception and condoms is included in curriculum
3-13 content.
3-14 (g) A school district may not distribute condoms in
3-15 connection with instruction relating to human sexuality.
3-16 (h) A school district that provides human sexuality
3-17 instruction may separate students according to sex for
3-18 instructional purposes.
3-19 (i) The board of trustees shall determine the specific
3-20 content of the district's instruction in human sexuality, in
3-21 accordance with Subsections (f), (g), and (h).
3-22 (j) A school district shall notify a parent of each student
3-23 enrolled in the district of:
3-24 (1) the basic content of the district's human
3-25 sexuality instruction to be provided to the student; and
3-26 (2) the parent's right to remove the student from any
3-27 part of the district's human sexuality instruction.
4-1 (k) A school district shall make all curriculum materials
4-2 used in the district's human sexuality instruction available for
4-3 reasonable public inspection.
4-4 SECTION 2. Section 163.001(a), Health and Safety Code, is
4-5 amended to read as follows:
4-6 (a) The department shall develop a model public health
4-7 education program suitable for school-age children and shall make
4-8 the program available to any person on request. The program should
4-9 emphasize:
4-10 (1) that abstinence from sexual intercourse is the
4-11 most effective protection against unwanted teenage pregnancy,
4-12 sexually transmitted diseases, and acquired immune deficiency
4-13 syndrome (AIDS) when transmitted sexually;
4-14 (2) that abstinence from sexual intercourse outside of
4-15 lawful marriage is the expected societal standard for school-age
4-16 unmarried persons; [and]
4-17 (3) the physical, emotional, and psychological dangers
4-18 of substance abuse, including the risk of acquired immune
4-19 deficiency syndrome (AIDS) through the sharing of needles during
4-20 intravenous drug usage; and
4-21 (4) other general health issues, including
4-22 preventative health care, as determined by the department.
4-23 SECTION 3. Section 39.073(e), Education Code, is amended to
4-24 read as follows:
4-25 (e) In determining a district's accreditation rating, the
4-26 agency shall consider the district's:
4-27 (1) current special education compliance status with
5-1 the agency; and
5-2 (2) compliance with Section 163.003, Health and Safety
5-3 Code, and the effectiveness of the local school health education
5-4 advisory council appointed by the board of trustees of the district
5-5 under that section.
5-6 SECTION 4. Section 28.004, Education Code, is repealed.
5-7 SECTION 5. This Act takes effect September 1, 2001.