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TEC AND ABSTINENCE EDUCATION

Texas Education Code
Senate Bill 19
[as passed by the 77th Texas Legislature]

28.004. Human Sexuality Instruction
  1. Any course materials and instruction relating to human sexuality, sexually transmitted diseases, or human immunodeficiency virus or acquired immune deficiency syndrome shall be selected by the board of trustees of a school district with the advice of the local health education advisory council established under Subsection (e) and must:

    1. present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;

    2. devote more attention to abstinence from sexual activity than to any other behavior;

    3. emphasize that abstinence from sexual activity, is the only method that is 100 percent effective in preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus or acquired immune deficiency syndrome, and the emotional trauma associated with adolescent sexual activity;

    4. direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, sexually transmitted diseases, and infection with human immunodeficiency virus or acquired immune deficiency syndrome; and

    5. teach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content.

  2. A school district may not distribute condoms in connection with instruction relating to human sexuality.

  3. A school district that provides human sexuality instruction may separate students according to sex for instructional purposes.

  4. The board of trustees of a school district shall determine the specific content of the district's instruction in human sexuality, in accordance with Subsections (a), (b), and (c). A change in health curriculum content or instruction may not be made before considering the recommendations of the local health education advisory council.

  5. A school district shall establish a local health education advisory council to assist the district in ensuring that local community values and health issues are reflected in the district's human sexuality instruction.

  6. The council's duties include:

    1. recommending appropriate grade levels for human sexuality instruction;

    2. recommending the methods of instruction to be used by a teacher in human sexuality instruction education; and

    3. recommending the number of hours of instruction to be provided in health education.

  7. The council:

    1. must include persons who represent diverse views in the community about human sexuality instruction;

    2. must include parents of students enrolled in the district as a majority of the council; and

    3. may include teachers, school administrators, students, health care professionals, members of the business community, law enforcement representatives, senior citizens, clergy, or other interested persons.

  8. A school district shall notify a parent of each student enrolled in the district of:

    1. the basic content of the district's human sexuality instruction to be provided to the student; and

    2. the parent's right to remove the student from any part of the district's human sexuality instruction.

    3. A school district shall make all curriculum materials used in the district's human sexuality instruction available for reasonable public inspection.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.