84R5749 MEW-F
 
  By: Turner of Tarrant H.B. No. 1351
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health education curriculum and instruction in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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 (o) to read as
  follows:
         (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
  pregnancy;
               (4)  must present age-appropriate information [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 diseases, and infection
  with human immunodeficiency virus or acquired immune deficiency
  syndrome]; [and]
               (5)  must be medically accurate and, to the extent
  possible, evidence-based;
               (6)  must provide information about the effectiveness,
  proper use, health benefits, and side effects 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;
               (7)  must include strategies to promote effective
  communication between adolescents and their parents, legal
  guardians, and other family members about sexuality and healthy
  relationships;
               (8)  must encourage students to develop healthy life
  skills, including goal setting, critical thinking, problem
  solving, responsible decision-making regarding sexuality and
  relationships, refusal and negotiation, and effective
  communication;
               (9)  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
               (10)  may not promote bias against:
                     (A)  students of any race, gender, sexual
  orientation, or ethnic or cultural background;
                     (B)  sexually active students;
                     (C)  children with disabilities; or
                     (D)  students with children [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].
         (o)  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
  methods; and
                           (ii)  published in peer-reviewed journals,
  if appropriate; and
                     (B)  proven, through rigorous scientific
  evaluation, to achieve positive outcomes concerning risky sexual
  behaviors or negative health consequences from risky sexual
  behaviors.
               (3)  "Medically accurate" means objective, complete,
  and consistent with information available from 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.
         SECTION 3.  (a)  A school district that uses instructional
  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 2015-2016
  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, 2015.