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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to parents of public school students regarding |
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human sexuality instruction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) Texas led the nation in 2010 in the rate of teenage |
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mothers who had second children, according to the Centers for |
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Disease Control and Prevention; |
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(2) approximately 22 percent of births in Texas by |
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girls age 15 to 19 were repeat births in 2010, compared to 18.3 |
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percent in the United States; |
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(3) an estimated 82 percent of teen births are |
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unintended and cost American taxpayers approximately $9.4 billion a |
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year and cost Texas taxpayers $1.1 billion in 2010, according to the |
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National Campaign to Prevent Teen and Unplanned Pregnancy; |
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(4) the only certain way to avoid the termination of an |
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unwanted pregnancy is to prevent the unwanted pregnancy; |
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(5) the state has a compelling state interest in |
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ensuring that there is appropriate knowledge of how a pregnancy |
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occurs and how a pregnancy can be avoided; |
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(6) according to the Centers for Disease Control and |
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Prevention, effective strategies to prevent teen pregnancy include |
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evidence-based teen pregnancy prevention programs that address |
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specific protective factors based on knowledge, skills, beliefs, or |
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attitudes related to teen pregnancy, including knowledge of sexual |
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issues, sexually transmitted diseases, infection with human |
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immunodeficiency virus, acquired immune deficiency syndrome, |
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pregnancy, and methods of pregnancy prevention; and |
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(7) the state has a compelling state interest in |
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ensuring that parents are informed of the type of human sexuality |
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instruction their child is receiving in school. |
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SECTION 2. Section 28.004, Education Code, is amended by |
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amending Subsection (i) and adding Subsection (p) to read as |
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follows: |
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(i) Before each school year, a school district shall provide |
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written notice to a parent of each student enrolled in the district |
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of the board of trustees' decision regarding whether the district |
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will provide human sexuality instruction to district students. If |
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instruction will be provided, the notice must include: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, |
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including a statement informing the parent that the instruction is |
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required by [of the instructional requirements under] state law to: |
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(A) present abstinence from sexual activity as |
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the preferred choice of behavior in relationship to all sexual |
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activity for unmarried persons of school age; and |
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(B) devote more attention to abstinence from |
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sexual activity than to any other behavior; |
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(2) a statement of whether the instruction is |
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considered by the district to be abstinence-only instruction or |
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comprehensive instruction, including an explanation of the |
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difference between those types of instruction and a specific |
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statement regarding whether the student will receive: |
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(A) information on contraception, and if |
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information will be received, whether the information to be |
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received: |
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(i) is medically accurate, objective, and |
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complete; and |
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(ii) addresses the effectiveness of the |
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contraceptive methods discussed in the curriculum; and |
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(B) medically accurate information regarding the |
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effectiveness of condoms in preventing a sexually transmitted |
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disease or infection; |
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(3) a statement identifying the provider of the human |
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sexuality curriculum and, if available, the provider's Internet |
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website; |
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(4) [(2)] a statement of the parent's right to: |
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(A) review curriculum materials as provided by |
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Subsection (j); and |
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(B) remove the student from any part of the |
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district's human sexuality instruction without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction imposed by the district or the student's school; and |
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(5) [(3)] information describing the opportunities |
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for parental involvement in the development of the curriculum to be |
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used in human sexuality instruction, including information |
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regarding the local school health advisory council established |
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under Subsection (a). |
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(p) In this section, "medically accurate" means supported |
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by peer-reviewed research conducted in compliance with accepted |
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scientific methods and recognized as accurate by leading |
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professional organizations and agencies with relevant experience, |
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including the Centers for Disease Control and Prevention and the |
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United States Department of Health and Human Services Office of |
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Adolescent Health. |
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SECTION 3. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |