87R1897 KJE-F
  By: González of El Paso H.B. No. 2679
  relating to human sexuality education in public schools.
         SECTION 1.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0042 to read as follows:
         Sec. 28.0042.  HUMAN SEXUALITY EDUCATION. (a) In this
               (1)  "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.
               (2)  "Medically accurate" means supported by
  peer-reviewed research conducted in compliance with accepted
  scientific methods and recognized as accurate by leading
  professional organizations and agencies with relevant experience,
  such as the American Medical Association.
         (b)  A school district shall provide human sexuality
  education in accordance with this section at grade levels specified
  by the State Board of Education.
         (c)  The State Board of Education by rule shall adopt the
  essential knowledge and skills for medically accurate,
  age-appropriate curricula to be used by a school district in
  providing human sexuality education under this section. As
  age-appropriate, the curricula must:
               (1)  include affirming information regarding gender
  identity, gender expression, and sexual orientation;
               (2)  cover human sexuality, pregnancy, and sexually
  transmitted infections;
               (3)  discuss human sexuality as a normal and healthy
  aspect of human development;
               (4)  discuss:
                     (A)  consent as an unambiguous and voluntary
  agreement from each participant to engage in each physical act; and
                     (B)  the importance of respecting personal
               (5)  present abstinence from sexual activity as the
  preferred choice of behavior in relationship to all sexual activity
  for unmarried persons of school age;
               (6)  devote sufficient attention to abstinence from
  sexual activity to emphasize the importance of abstinence;
               (7)  emphasize that abstinence from sexual activity, if
  used consistently and correctly, is the only method that is 100
  percent effective in preventing pregnancy and sexually transmitted
               (8)  provide information about the health benefits,
  side effects, and proper use of the methods approved by the United
  States Food and Drug Administration for preventing unintended
  pregnancy and reducing the risk of contracting sexually transmitted
               (9)  cover women's health, including the importance and
  purpose of regular gynecological exams, Pap smear screenings, and
  testing for sexually transmitted infections;
               (10)  promote relationship, communication, and
  decision-making skills, including strategies to:
                     (A)  develop healthy, age-appropriate
                     (B)  develop healthy life skills, including
  critical thinking, problem solving, effective communication, and
  responsible decision making about sexuality and relationships; and
                     (C)  promote effective communication between
  adolescents and their parents, legal guardians, or other family
  members about sexuality and relationships; and
               (11)  discuss the basic protections provided by Title
  IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et
  seq.) regarding sexual harassment and sexual assault or abuse,
                     (A)  a student's rights under that provision;
                     (B)  how to identify and report incidents of
  sexual harassment or sexual assault or abuse; and
                     (C)  the availability of relevant services for
  victims of sexual harassment or sexual assault or abuse, such as
  mental health or trauma counseling, academic accommodations, or
  health service referrals.
         (d)  A school district may separate students according to sex
  when providing instruction under this section.
         (e)  A school district shall make all curriculum materials
  used in the district's human sexuality education available for
  reasonable public inspection.
         (f)  A school district shall adopt a policy regarding whether
  male or female condoms may be distributed in connection with human
  sexuality education.
         (g)  A school district shall adopt a best practice-based
  policy regarding the provision of menstrual products to students
  enrolled in the district.
         (h)  A student shall be excused from human sexuality
  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.
         (i)  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 human sexuality
  education under this section. The notice must include:
               (1)  a summary of the basic content of the human
  sexuality education to be provided to the student;
               (2)  the district's policy on the distribution of
  condoms in connection with human sexuality education; and
               (3)  a statement of the parent's or legal guardian's
  right to:
                     (A)  review curriculum materials as provided by
  Subsection (e); and
                     (B)  remove the student from any part of the
  district's human sexuality education as provided by Subsection (h).
         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
               (2)  the provisions in Chapter 554, Government Code;
               (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
                     (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
                     (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
                     (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
                     (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)  human sexuality education under Section
         SECTION 3.  Section 28.004(c), Education Code, as amended by
  Chapters 331 (S.B. 435), 352 (H.B. 18), and 464 (S.B. 11), Acts of
  the 86th Legislature, Regular Session, 2019, is reenacted and
  amended to read as follows:
         (c)  The local school health advisory council's duties
  include recommending:
               (1)  the number of hours of instruction to be provided
                     (A)  health education in kindergarten through
  grade eight; and
                     (B)  if the school district requires health
  education for high school graduation, health education, including
  physical health education and mental health education, in grades 9
  through 12;
               (2)  policies, procedures, strategies, and curriculum
  appropriate for specific grade levels designed to prevent physical
  health concerns, including obesity, cardiovascular disease, Type 2
  diabetes, and mental health concerns, including suicide, through
  coordination of:
                     (A)  health education, which must address
  physical health concerns and mental health concerns to ensure the
  integration of physical health education and mental health
                     (B)  physical education and physical activity;
                     (C)  nutrition services;
                     (D)  parental involvement;
                     (E)  instruction on substance abuse prevention;
                     (F)  school health services, including mental
  health services;
                     (G)  a comprehensive school counseling program
  under Section 33.005;
                     (H)  a safe and healthy school environment; and
                     (I)  school employee wellness;
               (3)  policies adopted by the district regarding the
  human sexuality education provided under Section 28.0042
  [appropriate grade levels and methods of instruction for human
  sexuality instruction];
               (4)  strategies for integrating the curriculum
  components specified by Subdivision (2) with the following elements
  in a coordinated school health program for the district:
                     (A)  school health services, including physical
  health services and mental health services, if provided at a campus
  by the district or by a third party under a contract with the
                     (B)  a comprehensive school counseling program
  under Section 33.005;
                     (C)  a safe and healthy school environment; and
                     (D)  school employee wellness;
               (5)  if feasible, joint use agreements or strategies
  for collaboration between the school district and community
  organizations or agencies; [and]
               (6)  strategies to increase parental awareness
                     (A)  risky behaviors and early warning signs of
  suicide risks and behavioral health concerns, including mental
  health disorders and substance use disorders; and
                     (B)  available community programs and services
  that address risky behaviors, suicide risks, and behavioral health
  concerns; and
               (7) [(6)]  appropriate grade levels and curriculum for
  instruction regarding opioid addiction and abuse and methods of
  administering an opioid antagonist, as defined by Section 483.101,
  Health and Safety Code.
         SECTION 4.  Sections 28.004(e), (f), (g), (h), (i), (i-1),
  and (j), Education Code, are repealed.
         SECTION 5.  This Act applies beginning with the 2022-2023
  school year.
         SECTION 6.  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
         SECTION 7.  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.