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A BILL TO BE ENTITLED
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AN ACT
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relating to human sexuality instruction 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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adding Subsection (h-1) and amending Subsections (i) and (j) to |
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read as follows: |
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(h-1) A school district may not offer human sexuality |
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instruction in a school year unless the commissioner determines |
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that the district's instruction for that school year, including all |
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curriculum materials used in the instruction, and the notice |
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required under Subsection (i) comply with the requirements under |
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this section. The commissioner shall adopt rules as necessary to |
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implement this subsection, including rules that: |
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(1) establish a process for the determination that |
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concludes not later than the 30th day before the first day of each |
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school year; and |
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(2) provide a school district an opportunity to revise |
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any noncompliant instruction, including the materials, or notice, |
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as necessary to comply with the requirements under this section, as |
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determined by the commissioner. |
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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 of the instructional |
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requirements under state law; |
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(2) each date on which the district's human sexuality |
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instruction will be provided to the student along with a detailed |
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description of the content of the instruction to be provided on that |
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date; |
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(3) a statement of the parent's right to: |
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(A) receive a copy of [review] curriculum |
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materials as provided by 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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(4) [(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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(j) A school district shall provide by mail or e-mail to a |
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parent of each student enrolled in the district a copy of [make] all |
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curriculum materials used in the district's human sexuality |
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instruction [available for reasonable public inspection]. |
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SECTION 2. Sections 28.004(i) and (j), Education Code, as |
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amended by this Act, apply beginning with the 2019-2020 school |
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year. |
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SECTION 3. Section 28.004(h-1), Education Code, as added by |
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this Act, applies beginning with the 2020-2021 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, 2019. |