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A BILL TO BE ENTITLED
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AN ACT
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relating to human 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. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0042 to read as follows: |
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Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this |
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section: |
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(1) "Age-appropriate" means suitable to particular |
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ages or age groups of children or adolescents, based on developing |
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cognitive, emotional, and behavioral capacity typical for the age |
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or age group. |
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(2) "Medically accurate" means supported by |
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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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such as the American Medical Association. |
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(b) A school district shall provide human sexuality |
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education in accordance with this section at grade levels specified |
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by the State Board of Education. |
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(c) The State Board of Education by rule shall adopt the |
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essential knowledge and skills for medically accurate, |
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age-appropriate curricula to be used by a school district in |
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providing human sexuality education under this section. As |
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age-appropriate, the curricula must: |
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(1) include affirming information regarding gender |
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identity, gender expression, and sexual orientation; |
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(2) cover human sexuality, pregnancy, and sexually |
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transmitted infections; |
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(3) discuss human sexuality as a normal and healthy |
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aspect of human development; |
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(4) discuss: |
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(A) consent as an unambiguous and voluntary |
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agreement from each participant to engage in each physical act; and |
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(B) the importance of respecting personal |
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boundaries; |
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(5) present abstinence from sexual activity as the |
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preferred choice of behavior in relationship to all sexual activity |
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for unmarried persons of school age; |
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(6) devote sufficient attention to abstinence from |
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sexual activity to emphasize the importance of abstinence; |
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(7) emphasize that abstinence from sexual activity, if |
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used consistently and correctly, is the only method that is 100 |
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percent effective in preventing pregnancy and sexually transmitted |
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infections; |
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(8) provide information about the health benefits, |
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side effects, and proper use of the methods approved by the United |
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States Food and Drug Administration for preventing unintended |
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pregnancy and reducing the risk of contracting sexually transmitted |
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infections; |
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(9) cover women's health, including the importance and |
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purpose of regular gynecological exams, Pap smear screenings, and |
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testing for sexually transmitted infections; |
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(10) promote relationship, communication, and |
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decision-making skills, including strategies to: |
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(A) develop healthy, age-appropriate |
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relationships; |
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(B) develop healthy life skills, including |
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critical thinking, problem solving, effective communication, and |
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responsible decision making about sexuality and relationships; and |
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(C) promote effective communication between |
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adolescents and their parents, legal guardians, or other family |
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members about sexuality and relationships; and |
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(11) discuss the basic protections provided by Title |
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IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et |
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seq.) regarding sexual harassment and sexual assault or abuse, |
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including: |
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(A) a student's rights under that provision; |
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(B) how to identify and report incidents of |
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sexual harassment or sexual assault or abuse; and |
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(C) the availability of relevant services for |
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victims of sexual harassment or sexual assault or abuse, such as |
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mental health or trauma counseling, academic accommodations, or |
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health service referrals. |
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(d) A school district may separate students according to sex |
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when providing instruction under this section. |
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(e) A school district shall make all curriculum materials |
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used in the district's human sexuality education available for |
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reasonable public inspection. |
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(f) A school district shall adopt a policy regarding whether |
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male or female condoms may be distributed in connection with human |
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sexuality education. |
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(g) A school district shall adopt a best practice-based |
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policy regarding the provision of menstrual products to students |
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enrolled in the district. |
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(h) A student shall be excused from human sexuality |
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education on the written request of a parent or legal guardian |
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without being subjected to any disciplinary action, academic |
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penalty, or other sanction imposed by the school district or the |
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student's school. |
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(i) Before each school year, a school district shall provide |
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written notice to a parent or legal guardian of each student |
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enrolled in the district of the intent to provide human sexuality |
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education under this section. The notice must include: |
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(1) a summary of the basic content of the human |
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sexuality education to be provided to the student; |
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(2) the district's policy on the distribution of |
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condoms in connection with human sexuality education; and |
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(3) a statement of the parent's or legal guardian's |
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right to: |
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(A) review curriculum materials as provided by |
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Subsection (e); and |
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(B) remove the student from any part of the |
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district's human sexuality education as provided by Subsection (h). |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 |
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(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is |
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reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(T) establishment of residency under Section |
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25.001; |
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(U) [(T)] school safety requirements under |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, |
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37.207, and 37.2071; |
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(V) [(T)] the early childhood literacy and |
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mathematics proficiency plans under Section 11.185; [and] |
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(W) [(U)] the college, career, and military |
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readiness plans under Section 11.186; and |
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(X) human sexuality education under Section |
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28.0042. |
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SECTION 3. Section 28.004(c), Education Code, as amended by |
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Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B. 11), Acts of |
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the 86th Legislature, Regular Session, 2019, is reenacted and |
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amended to read as follows: |
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(c) The local school health advisory council's duties |
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include recommending: |
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(1) the number of hours of instruction to be provided |
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in: |
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(A) health education in kindergarten through |
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grade eight; and |
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(B) if the school district requires health |
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education for high school graduation, health education, including |
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physical health education and mental health education, in grades 9 |
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through 12; |
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(2) policies, procedures, strategies, and curriculum |
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appropriate for specific grade levels designed to prevent physical |
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health concerns, including obesity, cardiovascular disease, Type 2 |
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diabetes, and mental health concerns, including suicide, through |
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coordination of: |
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(A) health education, which must address |
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physical health concerns and mental health concerns to ensure the |
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integration of physical health education and mental health |
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education; |
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(B) physical education and physical activity; |
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(C) nutrition services; |
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(D) parental involvement; |
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(E) instruction on substance abuse prevention; |
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(F) school health services, including mental |
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health services; |
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(G) a comprehensive school counseling program |
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under Section 33.005; |
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(H) a safe and healthy school environment; and |
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(I) school employee wellness; |
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(3) policies adopted by the district regarding the |
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human sexuality education provided under Section 28.0042 |
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[appropriate grade levels and methods of instruction for human |
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sexuality instruction]; |
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(4) strategies for integrating the curriculum |
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components specified by Subdivision (2) with the following elements |
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in a coordinated school health program for the district: |
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(A) school health services, including physical |
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health services and mental health services, if provided at a campus |
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by the district or by a third party under a contract with the |
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district; |
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(B) a comprehensive school counseling program |
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under Section 33.005; |
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(C) a safe and healthy school environment; and |
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(D) school employee wellness; |
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(5) if feasible, joint use agreements or strategies |
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for collaboration between the school district and community |
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organizations or agencies; [and] |
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(6) strategies to increase parental awareness |
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regarding: |
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(A) risky behaviors and early warning signs of |
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suicide risks and behavioral health concerns, including mental |
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health disorders and substance use disorders; and |
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(B) available community programs and services |
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that address risky behaviors, suicide risks, and behavioral health |
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concerns; and |
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(7) [(6)] appropriate grade levels and curriculum for |
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instruction regarding opioid addiction and abuse and methods of |
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administering an opioid antagonist, as defined by Section 483.101, |
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Health and Safety Code. |
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SECTION 4. Sections 28.004(e), (f), (g), (h), (i), (i-1), |
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and (j), Education Code, are repealed. |
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SECTION 5. This Act applies beginning with the 2022-2023 |
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school year. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. 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, 2021. |