87R2888 KJE-F
 
  By: González of El Paso H.B. No. 972
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to healthy relationships education in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0041 to read as follows:
         Sec. 28.0041.  HEALTHY RELATIONSHIPS EDUCATION. (a) In
  this section, "age-appropriate" means suitable to particular ages
  or age groups of children or adolescents, based on developing
  cognitive, emotional, and behavioral capacity typical for the age
  or age group.
         (b)  A school district shall provide healthy relationships
  education in accordance with this section at grade levels and in
  courses specified by the State Board of Education.
         (c)  The State Board of Education by rule shall adopt the
  essential knowledge and skills for curricula to be used by a school
  district in providing healthy relationships education under this
  section that are age-appropriate and supported by research that is
  peer-reviewed, conducted in compliance with accepted scientific
  methods, and recognized as accurate by leading professional
  organizations and agencies with relevant experience. As
  age-appropriate, the curricula must promote relationship,
  communication, and decision-making skills, including strategies
  to:
               (1)  develop healthy, age-appropriate relationships;
               (2)  develop healthy life skills, including critical
  thinking, problem solving, effective communication, and
  responsible decision making about relationships; and
               (3)  promote effective communication between
  adolescents and their parents, legal guardians, or other family
  members about relationships.
         (d)  A school district shall make all curriculum materials
  used in the district's healthy relationships education available
  for reasonable public inspection.
         (e)  A student shall be excused from healthy relationships
  education on the written request of a parent or legal guardian
  without being subjected to any disciplinary action, academic
  penalty, or other sanction imposed by the school district or the
  student's school.
         (f)  A parent or legal guardian may use the grievance
  procedure adopted under Section 26.011 concerning a complaint of a
  violation of this section.
         (g)  Before each school year, a school district shall provide
  written notice to a parent or legal guardian of each student
  enrolled in the district of the intent to provide healthy
  relationships education under this section. The notice must
  include:
               (1)  a summary of the basic content of the healthy
  relationships education to be provided to the student;
               (2)  a description of the curricula requirements for
  healthy relationships education under Subsection (c);
               (3)  a statement of the parent's or legal guardian's
  right to:
                     (A)  review curriculum materials as provided by
  Subsection (d);
                     (B)  remove the student from any part of the
  district's healthy relationships education as provided by
  Subsection (e); and
                     (C)  use the grievance procedure adopted under
  Section 26.011 concerning a complaint of a violation of this
  section, as provided by Subsection (f); and
               (4)  information regarding any opportunities for the
  parent or legal guardian to participate in the development of
  curricula for healthy relationships education.
         SECTION 2.  Section 12.104(b), Education Code, as amended by
  Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
  (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
  reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213;
                     (O)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (S)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (T)  establishment of residency under Section
  25.001;
                     (U) [(T)]  school safety requirements under
  Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
  37.207, and 37.2071;
                     (V) [(T)]  the early childhood literacy and
  mathematics proficiency plans under Section 11.185; [and]
                     (W) [(U)]  the college, career, and military
  readiness plans under Section 11.186; and
                     (X)  healthy relationships education under
  Section 28.0041.
         SECTION 3.  This Act applies beginning with the 2022-2023
  school year.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         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, 2021.