bill requiring human sexuality education in every district

The text as introduced · 1,883 words

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.