statewide human sexuality education with inclusive standards

The text as introduced · 1,334 words

89R15802 CMO-F

By: Reynolds
H.B. No. 5056

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) be inclusive of same-sex couples when discussing

or providing examples of relationships, and include affirming

information regarding gender identity, gender expression, and

sexual orientation;

(2) cover human sexuality, pregnancy, and sexually

transmitted infections, including:

(A) human immunodeficiency virus (HIV) and

acquired immune deficiency syndrome (AIDS);

(B) methods of transmission, including

intravenous drug use;

(C) strategies to reduce the risk of HIV

infection;

(D) social and public health issues related to

HIV and AIDS; and

(E) treatment of HIV and other sexually

transmitted infections;

(3) discuss human sexuality as a normal and healthy

aspect of human development;

(4) discuss local resources for sexual and

reproductive health care, including how to access those resources;

(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

infections;

(6) provide information about the effectiveness, 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;

(7) 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

(8) discuss information and resources relating to

sexual harassment, sexual assault, adolescent relationship abuse,

intimate partner violence, and sex trafficking.

(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 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.

(g) 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; and

(2) 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 (f).

SECTION 2. 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 3. Sections 28.004(e), (e-1), (e-2), (e-3), (g),

(h), (i), (j-1), and (p)(2), Education Code, are repealed.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.