Harris Davila Bill Bans Gender Identity Programming, Pre-K Through 12th Grade

The text as introduced · 1,704 words

89R10355 ANG-D

By: Harris Davila
H.B. No. 3548

A BILL TO BE ENTITLED

AN ACT

relating to local school health advisory councils and instruction

regarding human sexuality, sexual orientation, and gender identity

provided by public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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) establishment of a local school health

advisory council with members appointed by the governing body of

the school and health education instruction that complies with

Section 28.004 .

SECTION 2. Section 12A.004(a), Education Code, is amended

to read as follows:

(a) A local innovation plan may not provide for the

exemption of a district designated as a district of innovation from

the following provisions of this title:

(1) a state or federal requirement applicable to an

open-enrollment charter school operating under Subchapter D,

Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that

a district may be exempt from Sections 11.1511(b)(5) and (14) and

Section 11.162;

(3) state curriculum and graduation requirements

adopted under Chapter 28; [ and ]

(4) Section 28.004; and

(5) academic and financial accountability and

sanctions under Chapters 39 and 39A.

SECTION 3. Section 28.004, Education Code, is amended by

amending Subsection (c) and adding Subsections (r), (s), (t), (u),

and (v) 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) 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 ;

and

(9) the communication policy described by Subsection

(r) for approval by the board of trustees of the school district .

(r) Subject to the restriction imposed by Section 28.0043

and using the procedure described by Subsection (e-1) of this

section, the board of trustees shall adopt a written policy

regarding communication outside of a course dedicated to human

sexuality instruction between a school employee and a student

enrolled in the district concerning topics included in the

reproductive and sexual health curriculum. The policy must:

(1) direct school employees for discussion of topics

included in the reproductive and sexual health curriculum to refer

students to the student's parent, a school counselor, or, if

applicable, the student's teacher responsible for teaching

materials related to human sexuality instruction;

(2) inform school employees of appropriate boundaries

related to communicating with students; and

(3) include provisions designed to prevent improper

communication between school employees and students.

(s) A school district shall make the policy adopted under

Subsection (r) available in the same manner as curriculum materials

under Subsection (j)(1).

(t) A school district may not host an extracurricular

activity related to human sexuality unless the board of trustees

has adopted a written policy, subject to the restriction imposed by

Section 28.0043 and using the procedure described by Subsection

(e-1) of this section, specifying the circumstances in which the

district may host an extracurricular activity related to human

sexuality.

(u) For purposes of adopting a communication policy under

this section, "communication" includes any verbal or written

communication conducted in person or facilitated through the use of

an electronic device, including communication conducted through a

telephone, cellular telephone, computer, personal data assistant,

or pager or through a computer network, e-mail, text message,

instant message, social media application, or Internet website.

(v) If the attorney general or an appropriate district or

county attorney believes a school district has violated or is

violating the provisions of this section, the attorney general or

district or county attorney may bring a cause of action on behalf of

the state to enjoin the district from violating the provisions. The

action may be brought in a district court in Travis County or a

county in which any part of the violation or threatened violation

occurred. The court may grant any prohibitory or mandatory relief

warranted by the facts, including a temporary restraining order,

temporary injunction, or permanent injunction.

SECTION 4. Subchapter A, Chapter 28, Education Code, is

amended by adding Section 28.0043 to read as follows:

Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL

ORIENTATION AND GENDER IDENTITY. (a) A school district,

open-enrollment charter school, or district or charter school

employee may not provide or allow a third party to provide

instruction, guidance, activities, or programming regarding sexual

orientation or gender identity to students enrolled in

prekindergarten through 12th grade.

(b) This section may not be construed to limit:

(1) a student's ability to engage in speech or

expressive conduct protected by the First Amendment to the United

States Constitution or by Section 8, Article I, Texas Constitution,

that does not result in material disruption to school activities;

or

(2) the ability of a person who is authorized by the

district to provide physical or mental health-related services to

provide the services to a student, subject to any required parental

consent.

SECTION 5. Section 12A.004(a), Education Code, as amended

by this Act, applies to a local innovation plan adopted or renewed

before, on, or after the effective date of this Act.

SECTION 6. Section 28.004, Education Code, as amended by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act.

SECTION 7. 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.