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A BILL TO BE ENTITLED
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AN ACT
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relating to health education curriculum and instruction in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Education |
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Works Act. |
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SECTION 2. Section 28.004, Education Code, is amended by |
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amending Subsection (e) and adding Subsection (m) to read as |
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follows: |
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(e) Any course materials and instruction relating to human |
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sexuality, sexually transmitted diseases, or human |
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immunodeficiency virus or acquired immune deficiency syndrome |
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shall be selected by the board of trustees with the advice of the |
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local school health advisory council and must: |
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(1) present medically accurate and age-appropriate |
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information; |
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(2) present abstinence from sexual activity as the |
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preferred choice of behavior in relationship to all sexual activity |
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for unmarried persons of school age; |
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[(2)
devote more attention to abstinence from sexual
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activity than to any other behavior;] |
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(3) emphasize that abstinence from sexual activity, if |
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used consistently and correctly, is the only method that is 100 |
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percent effective in preventing pregnancy, sexually transmitted |
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diseases, sexually transmitted infection with human |
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immunodeficiency virus, and [or] acquired immune deficiency |
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syndrome resulting from sexual activity[, and the emotional trauma
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associated with adolescent sexual activity]; |
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(4) direct adolescents to a standard of behavior in |
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which abstinence from sexual activity before marriage is the most |
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effective way to prevent pregnancy, sexually transmitted diseases, |
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sexually transmitted [and] infection with human immunodeficiency |
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virus, and [or] acquired immune deficiency syndrome resulting from |
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sexual activity; [and] |
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(5) provide information about the health benefits, |
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effectiveness, and safety of methods approved by the United States |
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Food and Drug Administration for reducing the risk of contracting |
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sexually transmitted diseases; |
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(6) provide information about the health benefits, |
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effectiveness, and safety in preventing pregnancy of all |
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contraceptive methods approved by the United States Food and Drug |
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Administration; |
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(7) provide information on local resources for testing |
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for and obtaining medical care for sexually transmitted diseases; |
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(8) include strategies to promote effective |
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communication between adolescents and their parents and other |
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family members about human sexuality; |
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(9) address the economic and emotional requirements of |
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parenthood; |
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(10) encourage students to develop healthy life |
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skills, including goal setting, decision making, refusal and |
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negotiation, and effective communication; |
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(11) teach skills for making responsible decisions |
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about sexual activity, including how to avoid unwanted verbal or |
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physical sexual advances and how to avoid making unwanted verbal or |
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physical sexual advances; |
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(12) teach how drug and alcohol use may affect |
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responsible decision making; and |
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(13) help students develop healthy attitudes and |
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values concerning growth and development, body image, and |
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relationships [teach contraception and condom use in terms of human
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use reality rates instead of theoretical laboratory rates, if
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instruction on contraception and condoms is included in curriculum
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content]. |
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(m) In this section: |
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(1) "Age-appropriate information" means information, |
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including topics, messages, and teaching methods, that is suitable |
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for the particular ages or age groups of children and adolescents to |
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whom the information is to be presented based on the developing |
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cognitive, emotional, and behavioral capacity of children or |
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adolescents of that age or age group. |
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(2) "Medically accurate information" means |
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information that is: |
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(A) verified or supported by the weight of |
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research conducted in compliance with accepted scientific methods; |
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(B) published in peer reviewed journals, if |
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appropriate; and |
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(C) recognized as accurate, objective, and |
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complete by mainstream professional organizations and agencies |
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with expertise in the relevant field, including: |
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(i) the Centers for Disease Control and |
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Prevention; |
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(ii) the American College of Obstetricians |
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and Gynecologists; |
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(iii) the American Academy of Pediatrics; |
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(iv) the American Public Health |
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Association; |
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(v) the American Academy of Family |
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Physicians; |
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(vi) the Infectious Diseases Society of |
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America; and |
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(vii) the American Psychological |
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Association. |
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SECTION 3. (a) A school district that uses textbooks or |
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other course materials that do not reflect the requirements |
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prescribed by Section 28.004(e), Education Code, as amended by this |
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Act, shall also use appropriate supplemental instructional |
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materials as necessary to comply with those requirements. |
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(b) A school district that permits a person not employed by |
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the district to present one or more components of the district's |
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human sexuality instruction must require the person to comply with |
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the requirements prescribed by Section 28.004(e), Education Code, |
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as amended by this Act. |
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SECTION 4. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |