89R1000 KJE-F     By: González of El Paso H.B. No. 1273       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, 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;                (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   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and   37.2071 and Subchapter J, Chapter 37;                      (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)  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 the dangers of opioids, including   instruction on:                      (A)  opioid addiction and abuse, including   addiction to and abuse of synthetic opioids such as fentanyl; and                      (B)  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 2026-2027   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, 2025.