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  84R1873 KJE-F
  By: González H.B. No. 78
  relating to human sexuality education in public schools.
         SECTION 1.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0041 to read as follows:
         Sec. 28.0041.  HUMAN SEXUALITY EDUCATION. (a) In this
               (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
               (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
                     (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
         (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
                     (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,
  Chapter 29;
                     (I)  extracurricular activities under Section
                     (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; [and]
                     (N)  intensive programs of instruction under
  Section 28.0213; and
                     (O)  human sexuality education under Section
         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) [(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 2016-2017
  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, 2015.