1-1 By: Van de Putte S.B. No. 580
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on Education;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 580 By: Van de Putte
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to local school health education advisory councils and to
1-11 health education instruction in public schools.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 28.004, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 28.004. LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
1-16 AND HEALTH EDUCATION [HUMAN SEXUALITY] INSTRUCTION. (a) The board
1-17 of trustees of each school district shall establish a local school
1-18 health education advisory council to assist the district in
1-19 ensuring that local community values are reflected in the
1-20 district's health education instruction.
1-21 (b) A school district must consider the recommendations of
1-22 the local school health education advisory council before changing
1-23 the district's health education curriculum or instruction.
1-24 (c) The local school health education advisory council's
1-25 duties include recommending:
1-26 (1) the number of hours of instruction to be provided
1-27 in health education;
1-28 (2) health education curriculum appropriate for
1-29 specific grade levels that may include a coordinated health
1-30 education program designed to prevent obesity, cardiovascular
1-31 disease, and Type II diabetes through coordination of:
1-32 (A) health education;
1-33 (B) physical education;
1-34 (C) nutritional services;
1-35 (D) parental involvement; and
1-36 (E) instruction to prevent the use of tobacco;
1-37 and
1-38 (3) appropriate grade levels and methods of
1-39 instruction for human sexuality instruction.
1-40 (d) The board of trustees shall appoint members to the local
1-41 school health education advisory council. A majority of the
1-42 members must be parents of students enrolled in the district. The
1-43 board of trustees also shall appoint at least one person from each
1-44 group as follows:
1-45 (1) public school teachers;
1-46 (2) public school administrators;
1-47 (3) district students;
1-48 (4) health care professionals;
1-49 (5) the business community;
1-50 (6) law enforcement;
1-51 (7) senior citizens;
1-52 (8) the clergy; and
1-53 (9) nonprofit health organizations.
1-54 (e) The board of trustees of a district may also appoint to
1-55 the local school health education advisory council a representative
1-56 from a group other than a group specified under Subsection (d).
1-57 (f) Any course materials and instruction relating to human
1-58 sexuality, sexually transmitted diseases, or human immunodeficiency
1-59 virus or acquired immune deficiency syndrome shall be selected by
1-60 the board of trustees [of a school district] with the advice of the
1-61 local school health education advisory council [established under
1-62 Subsection (e)] and must:
1-63 (1) present abstinence from sexual activity as the
1-64 preferred choice of behavior in relationship to all sexual activity
2-1 for unmarried persons of school age;
2-2 (2) devote more attention to abstinence from sexual
2-3 activity than to any other behavior;
2-4 (3) emphasize that abstinence from sexual activity, if
2-5 used consistently and correctly, is the only method that is 100
2-6 percent effective in preventing pregnancy, sexually transmitted
2-7 diseases, infection with human immunodeficiency virus or acquired
2-8 immune deficiency syndrome, and the emotional trauma associated
2-9 with adolescent sexual activity;
2-10 (4) direct adolescents to a standard of behavior in
2-11 which abstinence from sexual activity before marriage is the most
2-12 effective way to prevent pregnancy, sexually transmitted diseases,
2-13 and infection with human immunodeficiency virus or acquired immune
2-14 deficiency syndrome; and
2-15 (5) teach contraception and condom use in terms of
2-16 human use reality rates instead of theoretical laboratory rates, if
2-17 instruction on contraception and condoms is included in curriculum
2-18 content.
2-19 (g) [(b)] A school district may not distribute condoms in
2-20 connection with instruction relating to human sexuality.
2-21 (h) [(c)] A school district that provides human sexuality
2-22 instruction may separate students according to sex for
2-23 instructional purposes.
2-24 (i) [(d)] The board of trustees [of a school district] shall
2-25 determine the specific content of the district's instruction in
2-26 human sexuality, in accordance with Subsections (f) [(a)],
2-27 (g) [(b)], and (h) [(c)].
2-28 (j) [A change in health curriculum content or instruction
2-29 may not be made before considering the recommendations of the local
2-30 health education advisory council.]
2-31 [(e) A school district shall establish a local health
2-32 education advisory council to assist the district in ensuring that
2-33 local community values and health issues are reflected in the
2-34 district's human sexuality instruction.]
2-35 [(f) The council's duties include:]
2-36 [(1) recommending appropriate grade levels for human
2-37 sexuality instruction;]
2-38 [(2) recommending the methods of instruction to be
2-39 used by a teacher in human sexuality instruction education; and]
2-40 [(3) recommending the number of hours of instruction
2-41 to be provided in health education.]
2-42 [(g) The council:]
2-43 [(1) must include persons who represent diverse views
2-44 in the community about human sexuality instruction;]
2-45 [(2) must include parents of students enrolled in the
2-46 district as a majority of the council; and]
2-47 [(3) may include teachers, school administrators,
2-48 students, health care professionals, members of the business
2-49 community, law enforcement representatives, senior citizens,
2-50 clergy, or other interested persons.]
2-51 [(h)] A school district shall notify a parent of each
2-52 student enrolled in the district of:
2-53 (1) the basic content of the district's human
2-54 sexuality instruction to be provided to the student; and
2-55 (2) the parent's right to remove the student from any
2-56 part of the district's human sexuality instruction.
2-57 (k) [(i)] A school district shall make all curriculum
2-58 materials used in the district's human sexuality instruction
2-59 available for reasonable public inspection.
2-60 SECTION 2. This Act applies beginning with the 2001-2002
2-61 school year.
2-62 SECTION 3. This Act takes effect immediately if it receives
2-63 a vote of two-thirds of all the members elected to each house, as
2-64 provided by Section 39, Article III, Texas Constitution. If this
2-65 Act does not receive the vote necessary for immediate effect, this
2-66 Act takes effect September 1, 2001.
2-67 * * * * *