85R9642 KJE-F     By: González of El Paso H.B. No. 1547       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 28.0043 to read as follows:          Sec. 28.0043.  HUMAN SEXUALITY EDUCATION. (a) In this   section:                (1)  "Age appropriate" means topics, messages, and   teaching methods 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 curriculum to be used by a school district in   providing human sexuality education under this section. As age   appropriate, the curriculum must:                (1)  cover human sexuality, pregnancy, and sexually   transmitted infections;                (2)  discuss human sexuality as a normal and healthy   aspect of human development;                (3)  present abstinence from sexual activity as the   preferred choice of behavior in relationship to all sexual activity   for unmarried persons of school age;                (4)  devote sufficient attention to abstinence from   sexual activity to emphasize the importance of abstinence;                (5)  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;                (6)  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; and                (7)  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.          (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   condoms may be distributed in connection with human sexuality   education.          (g)  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.          (h)  Before each school year, a school district shall provide   written notice to a parent 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 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 (g).          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  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;                      (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)  public school accountability under   Subchapters B, C, D, E, F, G, and J, Chapter 39;                      (M)  the requirement under Section 21.006 to   report an educator's misconduct;                      (N)  intensive programs of instruction under   Section 28.0213; [and]                      (O)  the right of a school employee to report a   crime, as provided by Section 37.148; and                      (P)  human sexuality education under Section   28.0043.          SECTION 3.  Sections 28.004(c) and (n), 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 health education;                (2)  policies, procedures, strategies, and curriculum   appropriate for specific grade levels designed to prevent obesity,   cardiovascular disease, Type 2 diabetes, and mental health concerns   through coordination of:                      (A)  health education;                      (B)  physical education and physical activity;                      (C)  nutrition services;                      (D)  parental involvement;                      (E)  instruction to prevent the use of tobacco;                      (F)  school health services;                      (G)  counseling and guidance services;                      (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;                      (B)  counseling and guidance services;                      (C)  a safe and healthy school environment; and                      (D)  school employee wellness; and                (4) [(5)]  if feasible, joint use agreements or   strategies for collaboration between the school district and   community organizations or agencies.          (n)  Any joint use agreement that a school district and   community organization or agency enter into based on a   recommendation of the local school health advisory council under   Subsection (c)(4) [(c)(5)] must address liability for the school   district and community organization or agency in the agreement.          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 2018-2019   school year.          SECTION 6.  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, 2017.