88R415 KJE-F

By: González of El Paso H.B. No. 4016

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 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular Session, 2021, 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, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply;

(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) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39, and Chapter 39A;

(N) the requirement under Section 21.006 to report an educator's misconduct;

(O) intensive programs of instruction under Section 28.0213;

(P) the right of a school employee to report a crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures under Section 37.0832;

(R) 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;

(S) the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment;

(T) 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);

(U) establishment of residency under Section 25.001;

(V) school safety requirements under Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071;

(W) the early childhood literacy and mathematics proficiency plans under Section 11.185;

(X) the college, career, and military readiness plans under Section 11.186; [and]

(Y) [(X)] parental options to retain a student under Section 28.02124; and

(Z) healthy relationships education under Section 28.0041.

SECTION 3. This Act applies beginning with the 2024-2025 school year.

SECTION 4. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, 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, 2023.