By: Van de Putte S.B. No. 580
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 that may include a coordinated health
1-22 education program designed to prevent obesity, cardiovascular
1-23 disease, and Type II diabetes through coordination of:
1-24 (A) health education;
1-25 (B) physical education;
2-1 (C) nutritional services;
2-2 (D) parental involvement; and
2-3 (E) instruction to prevent the use of tobacco;
2-4 and
2-5 (3) appropriate grade levels and methods of
2-6 instruction for human sexuality instruction.
2-7 (d) The board of trustees shall appoint members to the local
2-8 school health education advisory council. A majority of the
2-9 members must be parents of students enrolled in the district. The
2-10 board of trustees also shall appoint at least one person from each
2-11 group as follows:
2-12 (1) public school teachers;
2-13 (2) public school administrators;
2-14 (3) district students;
2-15 (4) health care professionals;
2-16 (5) the business community;
2-17 (6) law enforcement;
2-18 (7) senior citizens;
2-19 (8) the clergy; and
2-20 (9) nonprofit health organizations.
2-21 (e) The board of trustees of a district may also appoint to
2-22 the local school health education advisory council a representative
2-23 from a group other than a group specified under Subsection (d).
2-24 (f) Any course materials and instruction relating to human
2-25 sexuality, sexually transmitted diseases, or human immunodeficiency
2-26 virus or acquired immune deficiency syndrome shall be selected by
3-1 the board of trustees [of a school district] with the advice of the
3-2 local school health education advisory council [established under
3-3 Subsection (e)] and must:
3-4 (1) present abstinence from sexual activity as the
3-5 preferred choice of behavior in relationship to all sexual activity
3-6 for unmarried persons of school age;
3-7 (2) devote more attention to abstinence from sexual
3-8 activity than to any other behavior;
3-9 (3) emphasize that abstinence from sexual activity, if
3-10 used consistently and correctly, is the only method that is 100
3-11 percent effective in preventing pregnancy, sexually transmitted
3-12 diseases, infection with human immunodeficiency virus or acquired
3-13 immune deficiency syndrome, and the emotional trauma associated
3-14 with adolescent sexual activity;
3-15 (4) direct adolescents to a standard of behavior in
3-16 which abstinence from sexual activity before marriage is the most
3-17 effective way to prevent pregnancy, sexually transmitted diseases,
3-18 and infection with human immunodeficiency virus or acquired immune
3-19 deficiency syndrome; and
3-20 (5) teach contraception and condom use in terms of
3-21 human use reality rates instead of theoretical laboratory rates, if
3-22 instruction on contraception and condoms is included in curriculum
3-23 content.
3-24 (g) [(b)] A school district may not distribute condoms in
3-25 connection with instruction relating to human sexuality.
3-26 (h) [(c)] A school district that provides human sexuality
4-1 instruction may separate students according to sex for
4-2 instructional purposes.
4-3 (i) [(d)] The board of trustees [of a school district] shall
4-4 determine the specific content of the district's instruction in
4-5 human sexuality, in accordance with Subsections (f) [(a)],
4-6 (g) [(b)], and (h) [(c)].
4-7 (j) [A change in health curriculum content or instruction
4-8 may not be made before considering the recommendations of the local
4-9 health education advisory council.]
4-10 [(e) A school district shall establish a local health
4-11 education advisory council to assist the district in ensuring that
4-12 local community values and health issues are reflected in the
4-13 district's human sexuality instruction.]
4-14 [(f) The council's duties include:]
4-15 [(1) recommending appropriate grade levels for human
4-16 sexuality instruction;]
4-17 [(2) recommending the methods of instruction to be
4-18 used by a teacher in human sexuality instruction education; and]
4-19 [(3) recommending the number of hours of instruction
4-20 to be provided in health education.]
4-21 [(g) The council:]
4-22 [(1) must include persons who represent diverse views
4-23 in the community about human sexuality instruction;]
4-24 [(2) must include parents of students enrolled in the
4-25 district as a majority of the council; and]
4-26 [(3) may include teachers, school administrators,
5-1 students, health care professionals, members of the business
5-2 community, law enforcement representatives, senior citizens,
5-3 clergy, or other interested persons.]
5-4 [(h)] A school district shall notify a parent of each
5-5 student enrolled in the district of:
5-6 (1) the basic content of the district's human
5-7 sexuality instruction to be provided to the student; and
5-8 (2) the parent's right to remove the student from any
5-9 part of the district's human sexuality instruction.
5-10 (k) [(i)] A school district shall make all curriculum
5-11 materials used in the district's human sexuality instruction
5-12 available for reasonable public inspection.
5-13 SECTION 2. This Act applies beginning with the 2001-2002
5-14 school year.
5-15 SECTION 3. 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.