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A BILL TO BE ENTITLED
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AN ACT
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relating to health education curriculum and instruction in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Education |
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Works Act. |
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SECTION 2. Section 28.004, Education Code, is amended by |
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amending Subsection (e) and adding Subsection (o) to read as |
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follows: |
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(e) Any course materials and instruction relating to human |
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sexuality, sexually transmitted diseases, or human |
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immunodeficiency virus or acquired immune deficiency syndrome |
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shall be selected by the board of trustees with the advice of the |
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local school health advisory council and [must]: |
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(1) must present abstinence from sexual activity as |
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the preferred choice of behavior in relationship to all sexual |
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activity for [unmarried] persons of school age; |
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(2) must devote sufficient [more] attention to |
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abstinence from sexual activity to emphasize the importance of |
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abstinence from sexual activity [than to any other behavior]; |
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(3) must emphasize that abstinence from sexual |
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activity, if used consistently and correctly, is the only method |
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that is 100 percent effective in preventing pregnancy, sexually |
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transmitted infections [diseases], sexually transmitted infection |
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with human immunodeficiency virus, [or] acquired immune deficiency |
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syndrome resulting from sexual activity, and the emotional distress |
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that may be [trauma] associated with adolescent sexual activity |
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that results in a sexually transmitted infection or an unintended |
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pregnancy; |
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(4) must present age-appropriate information [direct
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adolescents to a standard of behavior in which abstinence from
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sexual activity before marriage is the most effective way to
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prevent pregnancy, sexually transmitted diseases, and infection
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with human immunodeficiency virus or acquired immune deficiency
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syndrome]; [and] |
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(5) must be medically accurate and, to the extent |
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possible, evidence-based; |
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(6) must provide information about the effectiveness, |
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proper use, health benefits, and side effects of methods approved |
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by the United States Food and Drug Administration for reducing the |
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risk of contracting sexually transmitted infections, including |
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human immunodeficiency virus, and preventing pregnancy; |
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(7) must include strategies to promote effective |
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communication between adolescents and their parents, legal |
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guardians, and other family members about sexuality and healthy |
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relationships; |
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(8) must encourage students to develop healthy life |
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skills, including goal setting, critical thinking, problem |
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solving, responsible decision-making regarding sexuality and |
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relationships, refusal and negotiation, and effective |
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communication; |
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(9) must teach skills for making responsible decisions |
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about sexual activity, including how to avoid unwanted verbal or |
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physical sexual advances and how to avoid making unwanted verbal or |
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physical sexual advances; and |
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(10) may not promote bias against: |
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(A) students of any race, gender, sexual |
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orientation, or ethnic or cultural background; |
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(B) sexually active students; |
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(C) children with disabilities; or |
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(D) students with children [teach contraception
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and condom use in terms of human use reality rates instead of
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theoretical laboratory rates, if instruction on contraception and
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condoms is included in curriculum content]. |
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(o) In this section: |
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(1) "Age-appropriate information" means information, |
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including topics, messages, and teaching methods, that is suitable |
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for the particular ages or age groups of children and adolescents to |
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whom the information is to be presented based on the developing |
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cognitive, emotional, and behavioral capacity of children or |
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adolescents of that age or age group. |
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(2) "Evidence-based" means: |
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(A) verified or supported by research that is: |
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(i) in compliance with accepted scientific |
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methods; and |
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(ii) published in peer-reviewed journals, |
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if appropriate; and |
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(B) proven, through rigorous scientific |
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evaluation, to achieve positive outcomes concerning risky sexual |
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behaviors or negative health consequences from risky sexual |
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behaviors. |
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(3) "Medically accurate" means objective, complete, |
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and consistent with information available from mainstream |
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professional organizations and agencies with expertise in the |
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relevant field, including the Centers for Disease Control and |
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Prevention and the United States Department of Health and Human |
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Services' Office of Adolescent Health. |
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SECTION 3. (a) A school district that uses instructional |
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materials that do not reflect the requirements prescribed by |
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Section 28.004(e), Education Code, as amended by this Act, shall |
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also use appropriate supplemental instructional materials as |
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necessary to comply with those requirements. |
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(b) A school district that permits a person not employed by |
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the district to present one or more components of the district's |
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human sexuality instruction must require the person to comply with |
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the requirements prescribed by Section 28.004(e), Education Code, |
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as amended by this Act. |
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SECTION 4. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |