Bill Text: TX SB442 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to local school health advisory councils and health education provided by public schools, including requirements regarding human sexuality instruction.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed - Dead) 2021-05-23 - Committee report sent to Calendars [SB442 Detail]

Download: Texas-2021-SB442-Comm_Sub.html

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By: Hughes, et al. S.B. No. 442
(Dutton)

A BILL TO BE ENTITLED
AN ACT
relating to local school health advisory councils and health
education provided by public schools, including requirements
regarding human sexuality instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004, Education Code, is amended by
amending Subsections (d-1), (h), (i), (i-1), and (j) and adding
Subsections (d-2), (e-1), (e-2), (e-3), (j-1), and (p) to read as
follows:
(d-1) The local school health advisory council shall meet at
least four times each year. For each meeting, the council shall:
(1) at least 72 hours before the meeting:
(A) post notice of the date, hour, place, and
subject of the meeting on a bulletin board in the central
administrative office of each campus in the school district; and
(B) ensure that the notice required under
Paragraph (A) is posted on the district's Internet website, if the
district has an Internet website;
(2) allow the public to attend the meeting and provide
an opportunity for public comment;
(3) prepare and maintain minutes of the meeting that
state the subject and content of each deliberation and each vote,
order, decision, or other action taken by the council during the
meeting;
(4) make an audio or video recording of the meeting;
and
(5) not later than the 10th day after the meeting,
submit the minutes and audio or video recording of the meeting to
the district.
(d-2) As soon as practicable after receipt of the minutes
and audio or video recording under Subsection (d-1)(5), the school
district shall post the minutes and audio or video recording on the
district's Internet website, if the district has an Internet
website.
(e-1) The board of trustees shall adopt a policy
establishing a process for the adoption of curriculum materials for
the school district's human sexuality instruction. The policy must
require:
(1) the board to adopt a resolution convening the
local school health advisory council for the purpose of making
recommendations regarding the curriculum materials;
(2) the local school health advisory council to:
(A) after the board's adoption of the resolution
under Subdivision (1), hold at least two public meetings, at which
an opportunity for public comment is provided, on the curriculum
materials before adopting recommendations; and
(B) provide the recommendations adopted under
Paragraph (A) to the board at a public meeting of the board, at
which an opportunity for public comment is provided; and
(3) the board, after receipt of the local school
health advisory council's recommendations under Subdivision (2),
to take action on the adoption of the recommendations by a record
vote at a public meeting.
(e-2) Curriculum materials proposed to be adopted for the
school district's human sexuality instruction must be made
available as provided by Subsection (j)(1) or (2)(A) or (C), as
applicable.
(e-3) Before adopting curriculum materials for the school
district's human sexuality instruction, the board of trustees shall
ensure that the curriculum materials are:
(1) based on the advice of the local school health
advisory council;
(2) suitable for the subject and grade level for which
the curriculum materials are intended; and
(3) reviewed by academic experts in the subject and
grade level for which the curriculum materials are intended.
(h) The board of trustees shall determine the specific
content of the district's instruction in human sexuality, in
accordance with this section [Subsections (e), (f), and (g)].
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a [summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a] statement informing the parent of the human sexuality
instruction [instructional] requirements under state law;
(2) a detailed description of the content of the
district's human sexuality instruction and a general schedule on
which the instruction will be provided;
(3) a statement of the parent's right to:
(A) at the parent's discretion, review or
purchase a copy of curriculum materials as provided by Subsection
(j); [and]
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(C) use the grievance procedure as provided by
Subsection (i-1) or the appeals process under Section 7.057
concerning a complaint of a violation of this section;
(4) a statement that any curriculum materials in the
public domain used for the district's human sexuality instruction
must be posted on the district's Internet website, if the district
has an Internet website, and the Internet website address at which
the curriculum materials are located; and
(5) [(3)] information describing the opportunities
for parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
(i-1) A parent may use the grievance procedure adopted under
Section 26.011 concerning a complaint of a violation of this
section [Subsection (i)].
(j) A school district shall make all curriculum materials
used in the district's human sexuality instruction 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
(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 [for reasonable public inspection].
(j-1) If a school district purchases from a publisher
copyrighted curriculum materials for use in the district's human
sexuality instruction, the district shall ensure that the purchase
agreement provides for a means by which a parent of a student
enrolled in the district may purchase a copy of the curriculum
materials from the publisher at a price that does not exceed the
price per unit paid by the district for the curriculum materials.
(p) In this section:
(1) "Curriculum materials" includes the curriculum,
teacher training materials, and any other materials used in
providing instruction.
(2) "Human sexuality instruction," "instruction in
human sexuality," and "instruction relating to human sexuality"
include instruction in reproductive health.
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and 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;
(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) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148;
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) 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;
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) 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);
(T) establishment of residency under Section
25.001;
(U) [(T)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
37.207, and 37.2071;
(V) [(T)] the early childhood literacy and
mathematics proficiency plans under Section 11.185; [and]
(W) [(U)] the college, career, and military
readiness plans under Section 11.186; and
(X) establishing a local school health advisory
council and providing health education instruction under Section
28.004.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2021-2022 school year.
(b) Section 28.004(j-1), Education Code, as added by this
Act, applies only to a purchase agreement entered into, amended, or
renewed on or after September 1, 2021.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
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, 2021.