88R417 KJE-F

By: González of El Paso H.B. No. 4017

A BILL TO BE ENTITLED

AN ACT

relating to human sexuality 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 28.0042 to read as follows:

Sec. 28.0042. HUMAN SEXUALITY EDUCATION. (a) In this section:

(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 boundaries;

(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 infections;

(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 infections;

(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 relationships;

(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, including:

(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 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) human sexuality education under Section 28.0042.

SECTION 3. Sections 28.004(c) and (j), Education Code, are 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 in:

(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 education;

(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 district;

(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;

(6) strategies to increase parental awareness regarding:

(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;

(7) 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; and

(8) appropriate grade levels and curriculum for instruction regarding child abuse, family violence, dating violence, and sex trafficking, including likely warning signs that a child may be at risk for sex trafficking, provided that the local school health advisory council's recommendations under this subdivision do not conflict with the essential knowledge and skills developed by the State Board of Education under this subchapter.

(j) A school district shall make all curriculum materials used in the district's [human sexuality instruction or] instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking[,] available by:

(1) for curriculum materials in the public domain:

(A) providing a copy of the curriculum materials by mail or e-mail to a parent of a student enrolled in the district on the parent's request; and

(B) posting the curriculum materials on the district's Internet website, if the district has an Internet website; and

(2) for copyrighted curriculum materials, allowing a parent of a student enrolled in the district to:

(A) review the curriculum materials at the student's campus at any time during regular business hours;

(B) purchase a copy of the curriculum materials from the publisher as provided by the district's purchase agreement for the curriculum materials under Subsection [(j-1) or] (j-2); or

(C) review the curriculum materials online through a secure electronic account in a manner that prevents the curriculum materials from being copied and that otherwise complies with copyright law.

SECTION 4. Sections 28.004(e), (e-1), (e-2), (e-3), (f), (g), (h), (i), (j-1), and (p)(2), Education Code, are repealed.

SECTION 5. This Act applies beginning with the 2024-2025 school year.

SECTION 6. 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 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, 2023.