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.