82R1157 VOO-F
  By: Castro H.B. No. 1624
  relating to health education curriculum and instruction in public
         SECTION 1.  This Act may be cited as the Texas Education
  Works Act.
         SECTION 2.  Section 28.004, Education Code, is amended by
  amending Subsection (e) and adding Subsection (n) to read as
         (e)  Any course materials and instruction relating to human
  sexuality, sexually transmitted diseases, or human
  immunodeficiency virus or acquired immune deficiency syndrome
  shall be selected by the board of trustees with the advice of the
  local school health advisory council and [must]:
               (1)  must present abstinence from sexual activity as
  the preferred choice of behavior in relationship to all sexual
  activity for [unmarried] persons of school age;
               (2)  must devote sufficient [more] attention to
  abstinence from sexual activity to emphasize the importance of
  abstinence from sexual activity [than to any other behavior];
               (3)  must emphasize that abstinence from sexual
  activity, if used consistently and correctly, is the only method
  that is 100 percent effective in preventing pregnancy, sexually
  transmitted infections [diseases], sexually transmitted infection
  with human immunodeficiency virus, [or] acquired immune deficiency
  syndrome resulting from sexual activity, and the emotional distress
  that may be [trauma] associated with adolescent sexual activity
  that results in a sexually transmitted infection or an unintended
               (4)  must direct adolescents to a standard of behavior
  in which abstinence from sexual activity [before marriage] is the
  most effective way to prevent pregnancy, sexually transmitted
  infections [diseases], sexually transmitted [and] infection with
  human immunodeficiency virus, and [or] acquired immune deficiency
  syndrome resulting from sexual activity; [and]
               (5)  must present age-appropriate information;
               (6)  must be evidence-based;
               (7)  must provide information about the effectiveness
  of methods approved by the United States Food and Drug
  Administration for reducing the risk of contracting sexually
  transmitted infections, including human immunodeficiency virus,
  and preventing pregnancy;
               (8)  must include strategies to promote effective
  communication between adolescents and their parents and other
  family members about values and healthy relationships;
               (9)  must encourage students to develop healthy life
  skills, including goal setting, responsible decision making,
  refusal and negotiation, and effective communication;
               (10)  must teach skills for making responsible
  decisions about sexual activity, including how to avoid unwanted
  verbal or physical sexual advances and how to avoid making unwanted
  verbal or physical sexual advances; and
               (11)  may not promote bias against:
                     (A)  students of any race, gender, sexual
  orientation, or ethnic or cultural background;
                     (B)  sexually active students; or
                     (C)  children with disabilities [teach
  contraception and condom use in terms of human use reality rates
  instead of theoretical laboratory rates, if instruction on
  contraception and condoms is included in curriculum content].
         (n)  In this section:
               (1)  "Age-appropriate information" means information,
  including topics, messages, and teaching methods, that is suitable
  for the particular ages or age groups of children and adolescents to
  whom the information is to be presented based on the developing
  cognitive, emotional, and behavioral capacity of children or
  adolescents of that age or age group.
               (2)  "Evidence-based" means:
                     (A)  verified or supported by research that is:
                           (i)  in compliance with accepted scientific
                           (ii)  published in peer-reviewed journals,
  if appropriate; and
                           (iii)  recognized as medically accurate,
  objective, and complete by mainstream professional organizations
  and agencies with expertise in the relevant field, including the
  Centers for Disease Control and Prevention and the United States
  Department of Health and Human Services' Office of Adolescent
  Health; and
                     (B)  proven, through rigorous scientific
  evaluation, to achieve positive outcomes concerning sexually risky
  behavior or negative health consequences of sexually risky
         SECTION 3.  (a)  A school district that uses textbooks or
  other course materials that do not reflect the requirements
  prescribed by Section 28.004(e), Education Code, as amended by this
  Act, shall also use appropriate supplemental instructional
  materials as necessary to comply with those requirements.
         (b)  A school district that permits a person not employed by
  the district to present one or more components of the district's
  human sexuality instruction must require the person to comply with
  the requirements prescribed by Section 28.004(e), Education Code,
  as amended by this Act.
         SECTION 4.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.