77R14311 CAS-F
By Van de Putte S.B. No. 580
Substitute the following for S.B. No. 580:
By Dutton C.S.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;
2-1 (B) physical education;
2-2 (C) nutritional services;
2-3 (D) parental involvement; and
2-4 (E) instruction to prevent the use of tobacco;
2-5 and
2-6 (3) appropriate grade levels and methods of
2-7 instruction for human sexuality instruction.
2-8 (d) The board of trustees shall appoint members to the local
2-9 school health education advisory council. A majority of the
2-10 members must be persons who are parents of students enrolled in the
2-11 district and who are not employed by the district. The board of
2-12 trustees also may appoint one or more persons from each of the
2-13 following groups or a representative from a group other than a
2-14 group specified under this subsection:
2-15 (1) public school teachers;
2-16 (2) public school administrators;
2-17 (3) district students;
2-18 (4) health care professionals;
2-19 (5) the business community;
2-20 (6) law enforcement;
2-21 (7) senior citizens;
2-22 (8) the clergy; and
2-23 (9) nonprofit health organizations.
2-24 (e) 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
2-27 the board of trustees [of a school district] with the advice of the
3-1 local school health education advisory council [established under
3-2 Subsection (e)] and must:
3-3 (1) present abstinence from sexual activity as the
3-4 preferred choice of behavior in relationship to all sexual activity
3-5 for unmarried persons of school age;
3-6 (2) devote more attention to abstinence from sexual
3-7 activity than to any other behavior;
3-8 (3) emphasize that abstinence from sexual activity, if
3-9 used consistently and correctly, is the only method that is 100
3-10 percent effective in preventing pregnancy, sexually transmitted
3-11 diseases, infection with human immunodeficiency virus or acquired
3-12 immune deficiency syndrome, and the emotional trauma associated
3-13 with adolescent sexual activity;
3-14 (4) direct adolescents to a standard of behavior in
3-15 which abstinence from sexual activity before marriage is the most
3-16 effective way to prevent pregnancy, sexually transmitted diseases,
3-17 and infection with human immunodeficiency virus or acquired immune
3-18 deficiency syndrome; and
3-19 (5) teach contraception and condom use in terms of
3-20 human use reality rates instead of theoretical laboratory rates, if
3-21 instruction on contraception and condoms is included in curriculum
3-22 content.
3-23 (f) [(b)] A school district may not distribute condoms in
3-24 connection with instruction relating to human sexuality.
3-25 (g) [(c)] A school district that provides human sexuality
3-26 instruction may separate students according to sex for
3-27 instructional purposes.
4-1 (h) [(d)] The board of trustees [of a school district] shall
4-2 determine the specific content of the district's instruction in
4-3 human sexuality, in accordance with Subsections (e) [(a)],
4-4 (f) [(b)], and (g) [(c)].
4-5 (i) [A change in health curriculum content or instruction
4-6 may not be made before considering the recommendations of the local
4-7 health education advisory council.]
4-8 [(e) A school district shall establish a local health
4-9 education advisory council to assist the district in ensuring that
4-10 local community values and health issues are reflected in the
4-11 district's human sexuality instruction.]
4-12 [(f) The council's duties include:]
4-13 [(1) recommending appropriate grade levels for human
4-14 sexuality instruction;]
4-15 [(2) recommending the methods of instruction to be
4-16 used by a teacher in human sexuality instruction education; and]
4-17 [(3) recommending the number of hours of instruction
4-18 to be provided in health education.]
4-19 [(g) The council:]
4-20 [(1) must include persons who represent diverse views
4-21 in the community about human sexuality instruction;]
4-22 [(2) must include parents of students enrolled in the
4-23 district as a majority of the council; and]
4-24 [(3) may include teachers, school administrators,
4-25 students, health care professionals, members of the business
4-26 community, law enforcement representatives, senior citizens,
4-27 clergy, or other interested persons.]
5-1 [(h)] A school district shall notify a parent of each
5-2 student enrolled in the district of:
5-3 (1) the basic content of the district's human
5-4 sexuality instruction to be provided to the student; and
5-5 (2) the parent's right to remove the student from any
5-6 part of the district's human sexuality instruction.
5-7 (j) [(i)] A school district shall make all curriculum
5-8 materials used in the district's human sexuality instruction
5-9 available for reasonable public inspection.
5-10 SECTION 2. This Act applies beginning with the 2001-2002
5-11 school year.
5-12 SECTION 3. This Act takes effect immediately if it receives
5-13 a vote of two-thirds of all the members elected to each house, as
5-14 provided by Section 39, Article III, Texas Constitution. If this
5-15 Act does not receive the vote necessary for immediate effect, this
5-16 Act takes effect September 1, 2001.