By: Paxton, Middleton S.B. No. 410
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to fetal development instruction included as part of the
  public school health curriculum in certain grade levels.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.002, Education Code, is amended by
  adding Subsection (x) to read as follows:
         (x)  The State Board of Education shall adopt rules requiring
  students enrolled in grade levels seven and eight to receive
  instruction on fetal development as part of the essential knowledge
  and skills for the health curriculum required under Subsection
  (a)(2)(B). The instruction must include:
               (1)  information on:
                     (A)  the human reproductive process, pregnancy,
  and infertility; and
                     (B)  the prevention of birth defects, including
  information on the effect of drugs, alcohol, and environmental
  hazards such as lead; and
               (2)  a description of the growth and development of an
  unborn child that occur during each trimester of pregnancy.
         SECTION 2.  Section 28.004(c), Education Code, is 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)  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;
  and
               (9)  appropriate curriculum for the instruction on
  fetal development described by Section 28.002(x), 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.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  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.