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AN ACT
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relating to the membership and activities of local school health |
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advisory councils and to parental involvement in human sexuality |
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instruction in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004, Education Code, is amended by |
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amending Subsections (d) and (i) and adding Subsections (d-1), |
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(i-1), (m), (m-1), and (m-2) to read as follows: |
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(d) The board of trustees shall appoint at least five |
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members to the local school health advisory council. A majority of |
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the members must be persons who are parents of students enrolled in |
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the district and who are not employed by the district. One of those |
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members shall serve as chair or co-chair of the council. The board |
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of trustees also may appoint one or more persons from each of the |
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following groups or a representative from a group other than a group |
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specified under this subsection: |
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(1) public school teachers; |
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(2) public school administrators; |
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(3) district students; |
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(4) health care professionals; |
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(5) the business community; |
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(6) law enforcement; |
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(7) senior citizens; |
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(8) the clergy; and |
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(9) nonprofit health organizations. |
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(d-1) The local school health advisory council shall meet at |
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least four times each year. |
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(i) Before each school year, a [A] school district shall |
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provide written notice to [notify] a parent of each student |
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enrolled in the district of the board of trustees' decision |
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regarding whether the district will provide human sexuality |
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instruction to district students. If instruction will be provided, |
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the notice must include: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, |
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including a statement informing the parent of the instructional |
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requirements under state law; [and] |
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(2) a statement of the parent's right to: |
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(A) review curriculum materials as provided by |
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Subsection (j); and |
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(B) remove the student from any part of the |
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district's human sexuality instruction without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction imposed by the district or the student's school; and |
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(3) information describing the opportunities for |
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parental involvement in the development of the curriculum to be |
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used in human sexuality instruction, including information |
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regarding the local school health advisory council established |
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under Subsection (a). |
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(i-1) A parent may use the grievance procedure adopted under |
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Section 26.011 concerning a complaint of a violation of Subsection |
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(i). |
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(m) In addition to performing other duties, the local school |
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health advisory council shall submit to the board of trustees, at |
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least annually, a written report that includes: |
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(1) any council recommendation concerning the school |
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district's health education curriculum and instruction or related |
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matters that the council has not previously submitted to the board; |
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(2) any suggested modification to a council |
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recommendation previously submitted to the board; and |
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(3) a detailed explanation of the council's activities |
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during the period between the date of the current report and the |
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date of the last prior written report. |
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(m-1) In lieu of the report that otherwise would be required |
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under Subsection (m), not later than April 1, 2010, the local school |
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health advisory council shall submit to the board of trustees an |
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initial written report that includes: |
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(1) any information required under Subsections (m)(1) |
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and (2); and |
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(2) a detailed explanation of the council's activities |
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during the 12-month period preceding the date of the report. |
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(m-2) Subsection (m-1) and this subsection expire April 30, |
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2010. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 283 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 283 passed the House, with |
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amendments, on May 21, 2009, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |