HB1273 - Relating to human sexuality education in public schools.

  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;     &#xA [Text truncated for display. 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