Language in Section 28.004 of the Texas Education Code (TEC), requiring parental consent prior to human sexuality instruction has expired. HB 1525 (87th Session) had an expiration provision which provided the “opt-in” requirement would expire on August 1, 2024. This was the only change that was made subject to an expiration day.
TEA advises that school districts should continue requiring parental consent prior to offering human sexuality instruction to students, which is fully permitted by the authority granted to local school systems under TEC, §11.151.
School districts are required to inform parents whether human sexuality instruction is provided in the district, TEC, Section 28.004(i); disclose the content, availability and schedule of the instruction, TEC, Section 28.004(i)(2); furnish a list of their parental rights regarding such instruction, TEC, Section 28.004(i)(3); and notify parents about opportunities to become involved in the development and adoption of the human sexuality curriculum, TEC, Section 28.004(i)(5). Of special note is the parental right to “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”. (See TEC Section 28.004(i)(3)(B)). This requirement, like others noted above, is ongoing and is not subject to the expiration provision.
Previous agency guidance on parental removal can be found here.