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.