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A BILL TO BE ENTITLED
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AN ACT
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relating to local school health advisory councils and to human |
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sexuality education in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004, Education Code, is amended by |
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amending Subsections (d), (d-1), (f), (h), (i), and (i-1) and |
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adding Subsections (i-2) and (i-3) to read as follows: |
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(d) The local school health advisory council must consist of |
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at least five members, with each member appointed by the [The] |
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board of trustees [shall appoint at least five members to the local
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school health advisory council]. A majority of the members must be |
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persons who are parents of students enrolled in the district and who |
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are not employed by the district. One of those members shall serve |
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as chair or co-chair of the council. The board of trustees also may |
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appoint one or more persons from each of the following groups or a |
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representative from a group other than a group specified under this |
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subsection: |
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(1) public school teachers; |
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(2) public school administrators; |
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(3) district students; |
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(4) health care professionals; |
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(5) the business community; |
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(6) law enforcement; |
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(7) senior citizens; |
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(8) the clergy; |
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(9) nonprofit health organizations; and |
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(10) local domestic violence programs. |
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(d-1) The local school health advisory council shall meet at |
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least four times each year and promptly submit the minutes of each |
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meeting to the school district. As soon as practicable after |
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receipt of minutes under this subsection, the district shall post |
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the minutes on the district's Internet website, if the district has |
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an Internet website. |
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(f) A school district may not distribute contraceptives, |
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including condoms, to students enrolled in the district [in
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connection with instruction relating to human sexuality]. |
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(h) The board of trustees shall review and adopt [determine
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the specific content of] the district's instruction in human |
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sexuality, in accordance with Subsections (e)[, (f),] and (g). |
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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: |
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(1) the district shall post the notice on the |
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district's Internet website, if the district has an Internet |
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website; and |
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(2) [,] the notice must include: |
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(A) [(1)] a full and fair disclosure of the |
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[summary of the basic] content of the district's human sexuality |
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instruction to be provided to the student, including a statement |
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informing the parent of the instructional requirements under state |
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law; |
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(B) [(2)] a statement of the parent's right to: |
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(i) [(A)] review curriculum materials as |
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provided by Subsection (j); and |
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(ii) [(B)] remove the student from any part |
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of the district's human sexuality instruction without subjecting |
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the 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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(C) [(3)] information describing the |
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opportunities for parental involvement in the development of the |
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curriculum to be used in human sexuality instruction, including |
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information regarding the local school health advisory council |
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established under Subsection (a). |
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(i-1) If the board of trustees is considering a change to |
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the content of a school district's human sexuality instruction, the |
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district shall, as soon as practicable, provide to a parent of each |
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student enrolled in the district and post on the district's |
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Internet website, if the district has an Internet website, notice |
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that details the proposed change and includes information regarding |
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opportunities for public comment. The board of trustees shall |
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provide a reasonable period for public comment before finalizing |
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the change. |
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(i-2) Notice provided to a parent under Subsection (i) or |
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(i-1) may not be included with any other notice provided to the |
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parent. |
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(i-3) A parent may use the grievance procedure adopted under |
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Section 26.011 concerning a complaint of a violation of this |
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section [Subsection (i)]. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 3. 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, 2019. |