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A BILL TO BE ENTITLED
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AN ACT
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relating to parental approval for a student's participation in |
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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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amending Subsections (i) and (i-1) and adding Subsection (i-2) to |
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read as follows: |
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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) a statement of the parent's right to: |
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(A) review curriculum materials as provided by |
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Subsection (j); and |
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(B) refuse consent for [remove] the student to |
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receive all or [from] any part of the district's human sexuality |
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instruction without subjecting the student to any disciplinary |
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action, academic penalty, or other sanction imposed by the district |
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or the student's school; and |
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(3) information describing the opportunities for |
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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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(i-1) A parent may use the grievance procedure adopted under |
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Section 26.011 concerning a complaint of a violation of Subsection |
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(i) or (i-2). |
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(i-2) Before a student may be provided with human sexuality |
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instruction, a school district must obtain the written consent of |
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the student's parent. A request for written consent under this |
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subsection: |
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(1) may not be included with any other notification or |
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request for written consent provided to the parent, other than the |
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notice provided under Subsection (i); and |
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(2) must be provided to the parent not later than the |
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14th day before the date on which the human sexuality instruction |
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begins. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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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, 2021. |
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