State Profiles

TEXAS’S STATE OF SEX ED

Current Requirements At Glance – Texas schools are required to teach some concepts of sex education by proxy via mandated state curriculum standards. This is through instruction in health education.

  • If a school chooses to teach sex education, the curriculum must emphasize abstinence.
  • Health education is an optional elective course in high school
  • If a school chooses to teach sex education and uses a curriculum developed by the Texas Department of State Health Services (DSHS), it must state that homosexuality is not an acceptable lifestyle to the general public and that it is a criminal offense under the Texas Penal Code. This is regardless of the fact that the United States Supreme Court handed down a decision in Lawrence v. Texas that declared state laws criminalizing homosexual behavior to be unconstitutional in 2003.
  • Curriculum is not required to include instruction on consent. 
  • Parents or guardians are required to provide their written consent prior to their children receiving sex education. This is referred to as an “opt-in” policy.
  • Texas has no regulation regarding medically accurate sex education instruction.

RECENT LEGISLATION SHAPING THE STATE LANDSCAPE 

Advocates in Texas have fought hard to make incremental progress in advancing sex education requirements and to defend against many oppositional attacks on school curriculum, trans youth, and reproductive rights. In 2020, the Texas State Board of Education revised the Texas Essential Knowledge and Skills (TEKS) for Health Education for the first time in over two decades. Unfortunately, efforts to repeal the state’s discriminatory requirements on sexual orientation and gender identity or to include instruction on consent were ultimately unsuccessful. The updated TEKS do require schools to provide instruction on birth control methods to students in seventh and eighth grade. 

In 2021, House Bill 1525,  was enacted which reduced access to sex education by including a provision that requires schools to receive parental consent prior to their children receiving sex education. This is referred to as an “opt-in” policy. Further, advocates expect additional aggressive legislative attacks on sexual and reproductive rights in a state that is gaining national notoriety for its treatment of transgender youth and their families, as well as banning access to abortion care. In 2023, there have already been many prefiled bills introduced which seek to restrict the rights of LGBTQAI+ youth in Texas and this will likely extend into restricting sex education as well.

Since Texas schools are not required to provide sex education to students, school districts are left to decide what type of sex education–if any at all–they provide to youth. Advocates are working to promote the adoption of updated instructional materials following the 2020 TEKS requirement updates. Several advocates plan on working with statewide partners to support school districts in adopting the new requirements in addition to advocating for positive sex education. Local control over sex education presents unique challenges that have resulted in glaring disparities regarding the quality of sex education that students receive. In Texas, such discretion allows for the implementation of policies and curriculum that are intended to stigmatize marginalized youth, such as students of color and LGBTQ youth, and presents further challenges in ensuring that low income districts have access to the resources needed to implement sex education. Students of color make up the majority of Texas public school enrollment, and these young people need sex education curriculum that is trauma informed and culturally responsive to the structural barriers to reproductive health care and education that young people of color often face. 

A 2021 survey by the Texas Campaign to Prevent Teen Pregnancy found that only 7% of young people believed their sex education to be “helpful”. Advocates report that the current sex education curriculum often includes discriminatory and false information about LGBTQ people and medically inaccurate information about abortion. 

Right now, advocates can take steps to improve sex education in their community. After contacting their school districts to determine what sex education, if any at all, is currently being taught, advocates can vocalize the need for an improved curriculum and connect with advocates such as Healthy Futures of Texas and Texas Freedom Network to advance sex education requirements through legislative advocacy. Advocates can focus on ensuring the curriculum is medically accurate and culturally responsive to the needs of youth of color and LGBTQ youth, or ensure topics such as consent, healthy relationships, contraceptive options, and reproductive health care are included in sex education curriculum. Advocates can also work to make sure the updated TEKS standards translate to improved health outcomes in the state. Advocates are encouraged to take action on pending legislation that seeks to advance or restrict the principles of sex education. For a current overview of pending legislation, see table below. Advocates are encouraged to use the SIECUS Community Action Toolkit to guide local efforts to advance sex education and to reach out to EducateUS to get connected to local advocacy groups.

More on sex ed in Texas…


State Law: A Closer Look

Neither sex education nor education on human immunodeficiency virus (HIV) and other sexually transmitted infections (STIs) are statutorily mandated in Texas. However, Texas Education Code §7.102(c)(11) requires the State Board of Education to “adopt rules to carry out the curriculum required or authorized under §28.002,” which includes “health.” This means all school districts must adhere to the Texas Essential Knowledge and Skills for Health Education standards. Accordingly, Texas Education Code §§ 28.004, Texas State Board of Education Administrative Code §§ 115.22, 115.23, 115.32, and 115.33 require that all “course materials and instruction relating to human sexuality” 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, if used consistently and correctly, is the only method that is 100% effective in preventing pregnancy, sexually transmitted diseases (STDs), infection with HIV or acquired immune deficiency syndrome (AIDS), 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, STDs, and infection with HIV or AIDS; 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.

School districts may not distribute condoms and are allowed to “separate students according to sex for instructional purposes.” Each school district must also have a local health advisory council established by the school district’s board of trustees. The council must make recommendations to the school district about changes in that district’s curriculum and “appropriate grade levels and methods of instruction for human sexuality instruction.”[v] This council also must “assist the district in ensuring that local community values are reflected in the district’s health education instruction.”

Texas Health and Safety Code §85.007 and §163.002  state that course materials and instruction must “state that homosexual conduct is not an acceptable lifestyle to the general public and is a criminal offence under Section 21.06, Penal Code” a common “no promotion of homosexuality” style law. This ruling applies if the curriculum is developed by the DSHS. The United States Supreme Court handed down a decision in Lawrence v. Texas that declared state laws criminalizing homosexual behavior to be unconstitutional in 2003, invalidating Section 21.06 despite it remaining in Texas Code.

Parents or guardians are required to provide their written consent prior to their children receiving sex education. This is referred to as an “opt-in” policy.

State Standards

The Texas Essential Knowledge and Skills for Health Education includes standards for what the health curriculum should look like if provided. These standards include teaching students to “analyze the effectiveness and ineffectiveness of barrier protection and other contraceptive methods,” “analyze the importance of abstinence from sexual activity,” “summarize the facts related to HIV infection and [STDs],” and to understand “the emotional trauma associated with adolescent sexual activity.”

In 2020, the Texas Board of Education revised these standards to include instruction on anatomy, contraception, condoms, and STI prevention in middle and high school. It also added standards on healthy relationships and the importance of physical boundaries.

State Legislation

State legislative activity related to sex education does not take place in isolation from the broader embroiled political and policy climate. In 2022, a national wave of attacks on the rights of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQAI+) individuals, attempts to restrict or prohibit instruction on “divisive concepts” such as “Critical Race Theory” (which is not taught in public schools), and efforts to limit access to abortion care and other reproductive healthcare services swept the country in an effort to prevent students from receiving sex education and accessing sexual and reproductive healthcare services. Below are highlights of current legislative activity related to these topics. Texas’ 2023 legislative session convenes on January 10, 2023.

TitleDescriptionStatusLegislative Topic
House Bill 5256If a school district adopts a policy allowing separation of multi-occupancy bathrooms or changing facilities not according to sex, the policy must include a description of which bathrooms are not designated by sex, how students will be supervised in that facility, and accommodations for students who want to use facilities separated by sex. This policy must be posted online and mailed to parents at the beginning of each school year.Introduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB05256I.htm
Senate Bill 1031Establishes Felony for implementing surveys like YRBSIntroduced (2023)YRBShttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB01031I.htm
Senate Bill 2559Requires school districts to adopt procedures to notify a parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being. The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB02559I.htm
House Bill 4055Requires school districts to adopt procedures to notify a parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being. The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04055I.htm
House Bill 4961Requires school districts or school to notify parents if an employee discovers information indicating a student is considering identifying as a sex other than that assigned at birthIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04961I.htm
Senate Bill 8Requires the board of trustees to provide information about parental rights and options, including the right to withhold consent for or exempt the parent's child from certain activities and instruction, including instructional materials and library, and instruction about health, sexual orientation, and gender identity. Prohibits public elementary or secondary schools from infringing on the rights granted to parentsIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00008I.htm
Senate Bill 2199Physicians can deny abortion inducing drugs, birth control, and emergency contraceptionIntroduced (2023)Reproductive Health Carehttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB02199I.htm
Senate Bill 2046Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex educationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB02046I.htm
House Bill 4387Require content ratings on books for schools that publishers must provide before selling to schools and give examples of categories. Anything with sexuality must be rated "BK-MA" which only people over 17 can readIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04387I.htm
House Bill 4575Requires continuing education for school counselors on LGBTQIA youth issuesIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04575I.htm
House Bill 4534Prohibits school employees from affirming student's gender identity or "assisting" with their transition. Subject to violationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04534I.htm
House Bill 4350Requires education in human trafficking awareness in grades 6-8 and further instruction in 9-12Introduced (2023)Abuse, Assault, and Violence Preventionhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04530I.htm
House Bill 4545Requires the inclusion of the contribution of women, Native/Indigenous americans, African Americams, Latinos, asian americans, pacific islanders, LGBTQIA folks, persons with disabilities, members of persecute religious minorities and other groups to American and Texas historyIntroduced (2023)Racial Equity and Justicehttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04545I.htm
House Bill 4603Requires the creation and maintenance of a document that informs a parent of their rights in education system and have it posted on websiteIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB04603I.pdf#navpanes=0
House Bill 4624Prohibits providers from providing gender affirming care to minorsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04624I.htm
Senate Bill 13Requires school districts to provide written notice about the option to be notified every time their child checks out a book from the library. A parent who elects this option will receive title, genre, author, and return date of book. Requires Texas Library and Archives commission to develop standards for school libraries that will be reviewed by state board of ed which include recommending policies and procedures of library materials "consistent with community values", library materials appropriate for each grade level, and procedure to remove "harmful materials"Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00013I.htm
Senate Bill 1731States that human sexuality instruction in schools may not include subjects not within current TEKS (aka sexual orientation and gender identity)Introduced (2023)Sex Educationhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB01731I.htm
House Bill 4017Requires schools to teach sex education and that it must be age appropriate, medically accurate, affirming of sexual orientation and gender identity, STI, consent, healthy relationships, continue to emphasize abstinence as preferred choice, and more. Allows for schools to separate according to sex, encourage parent child communication about sex. Schools must make curriculum materials available online for public inspection. Schools may decide whether or not to distribute condoms, allow for opt out of sex edIntroduced (2023)Sex Educationhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04017I.htm
House Bill 4116Requires school districts to post online on district website about "parental rights"Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04116I.htm
House Bill 900Requires for the development of certain standards for school libraries including the prohibition of books that are rated "sexually explicit" or "harmful" and "vulgar". A school district may not allow for student to access "sexually relevant" books without parental consent. Requires book ratings from vendors/publishersIntroduced (2023)Sexually Explicit Materialshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00900I.htm
Senate Bill 14Prohibits a child's health insurance plan from covering gender affirming care, prohibits gender affirming care provision by health professionalsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00014I.htm
House Bill 4252Prohibits schools from requiring instruction on white supremacist ideologies, including great replacement theoryIntroduced (2023)Racial Equity and Justicehttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04252I.htm
House Bill 4200Requires school districts to hire a non physician mental health professional for every 600 students and provide direct or indirect mental health services to studentsIntroduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB04200I.htm
House Bill 3883Establishes difference between the sexes and that there are legitimate reasons to distinguish between the sexes with respect to athletics, locker rooms, restrooms, and other areasIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB03883I.htm
Senate Bill 1443Prohibits a school district's library from stocking a book, magazine, or publication which contains a depiction of pederasty, pedophilia, any type of romantic or sexual attraction between an adult and a minor, masturbation, sadomasochism, bestiality, sodomy, fellatio, any type of romantic or sexual attraction between individuals of the same sex, transvestism, gender dysphoria, transgenderism, sexual intercourse, or a referral to a website or material that contains a depiction or description of a topic listed above. Also bans anyone dressed in drag from performing or reading for minors. Requires schools to release information about what students checked out to their parents.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB01443I.htm
House Bill 3614Allows school districts to employ a chaplain instead of a school counselor to do the duties of a school counselorIntroduced (2023)Otherhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB03614I.htm
House Bill 3160Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex educationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB03160I.htm
House Bill 2868School district board is permitted to provide mental health education in schools via school based health centersIntroduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02868I.htm
Senate Bill 1101Allows for schools to permit excused absences for students to attend mental health care appointmentsIntroduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB01101I.htm
House Bill 2659Prohibits schools from disciplining an employee who refuses to complete LGBTQ Inclusivity in Schools self assessment tool by the CDC or refuses to implement a policy based on this publicationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02659I.htm
Senate Bill 1072Establishes a local school health advisory council which is composed of members who are appointed by the governing body of schools for charter schools in addition to public schools. Add to the duties of this council, that they recommend policies and procedures in which a school district employee may discuss "matters of human sexuality" with students, having a campus host an extracurricular event related to human sexuality. The board must notify parents of all policies adopted related to this. Besides this a school employee may not discuss human sexuality with students outside class designated for this unless a district has a policy in place for this. Any violation is subject to injunction by the stateIntroduced (2023)Sex Educationhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB01072I.htm
House Bill 2538Removes ability of minors to receive abortion care by judicial bypass procedure under Chapter 33 of the Family Code; further emphasizing and requiring parental consent for abortion onlyIntroduced (2023)Reproductive Health Carehttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02538I.htm
Senate Bill 981Requires state board to develop training on parental rights in education and requires a trustee to complete this. Requires the creation of parental rights handbook that explains all their rights and must be made publicly availableIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00981I.htm
House Bill 2722Allows for schools to develop policy on bathroom usage that is based on health and welfare of kids and confidentiality of students, and their privacy and that if school separates bathrooms on anything besides biological sex for them to describe which bathrooms are not assigned by biological sex and for these said bathrooms to have some manner of supervision. Requires if such policy is in place for it to be posted on school district website and inform parentsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02722I.htm
House Concurrent Resolution 46Urging Congress to do something to protect kids from "harms of social media"Introduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HC00046I.htm
House Bill 2101Limits human sexuality instruction to grades 5-12 and provides that it cannot occur before thatIntroduced (2023)Sex Educationhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02101I.htm
House Bill 2055Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex educationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02055I.htm
House Bill 2048Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex educationIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB02048I.htm
House Bill 1945Prohibits a school district from restricting Internet access for students trying to search resources for mental health and suicide prevention especially for LGBTQIA youth, human trafficking, assault prevention, and domestic violenceIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01945I.htm
Senate Bill 1752Establishes civil penalties for assisting a minor with accessing gender affirming careIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01752I.htm
Senate Bill 625Prohibits gender affirming care and any public funding towards thisIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00625I.htm
House Bill 1655Requires the Texas State Library and Archive Commision + Board of Education to adopt standards for materials in school libraries. It also requires parental consent for access to sexually explicit materials and requires a vendor for school books to establish a rating method for books to be included in school librariesIntroduced (2023)Sexually Explicit Materialshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01655I.htm
House Bill 1658Provides parents the right to access records of books checked out by their student from the school library. Requires schools to post on the homepage of the district's or school's website a notice stating that parents are entitled to review the materials in schools.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01658I.htm'
House Bill 1686Prohibits provision of gender affirming care to minors and prohibits state funding towards itIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01686I.htm
House Bill 1541Establishes penalty for school employee who doesn't notify parent in change in "mental emotional physical well being", basically if a school employee fails to out a student they can be penalized; potential to restrict YRBS, no SOGI instruction in preschool through 8th gradeIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01541I.htm
Senate Bill 394Any employee of a school district must obtain the written consent of a child's parent before the employee may administer a student well-being questionnaire, health care screening form, or surveyIntroduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00394I.htm
Senate Bill 393Requires a school district to get written parental consent as a condition of a student's participation in a student club that promotes themes of sexuality, gender, or gender identity. Prohibits a school district, open-enrollment charter school, or district or charter school from providing or allowing a third party to provide instruction regarding sexual orientation or gender identity to students enrolled in the district or school. School district employees are prohibited from withholding that a student identifies with a different sex then that which was assigned to them at birth.Introduced (2023)Sex Educationhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00393I.htm
Senate Bill 419A school district shall adopt procedures for providing parental access to the catalog of available library materials at each school library in the district and a parent to provide to the district a list of library materials that the parent's student may not be allowed to check out or otherwise access for use outside of the school library.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00419I.htm
House Bill 1155Before administering a student well-being questionnaire or health screening form to a student enrolled in kindergarten through eighth grade, a school district must provide a copy of the questionnaire or form to the student's parent and obtain the parent's consent to administer the questionnaire or form. Prohibits a school district, open-enrollment charter school, or district or charter school employee to provide or allow a third party to provide instruction regarding sexual orientation or gender identity to students enrolled in kindergarten through eighth gradeIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB01155I.htm
Senate Bill 274Prohibits discrimination on sexual orientation and gender identity or expression (including in schools)Introduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00274I.htm
House Bill 917Prohibits school libraries from removing library materials; rather, schools would work with parents, teachers, and administrators to create a list of restricted access library materials. Students would then need written permission from a parent or guardian to access the restricted library materials.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00917I.htm
House Bill 851established a task force to study the state actions necessary to ensure equality and improve the lives of transgender persons, with particular attention to areas including healthcare, education, housing, and moreIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00851I.htm
House Bill 850prohibits discrimination on sexual orientation and gender identity or expression (public accommodations, state contractors, employer, employment agency, labor organization, training programs, test scores, real estate, etc)Introduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00850I.htm
Senate Bill 249Defines gender affirming care as "genital mutilation" and establishes criminal penalties for transporting a minor out of state for gender affirming careIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00249I.htm
House Bill 776Prohibits physicians from performing abortions or gender affirming treatments to minorsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00776I.htm
Senate Bill 81Removes criminalization or stigmatization of same sex relationships in Texas Penal Code among other things.Introduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00081I.htm
House Bill 631Parental rights bill that would limit health survey data collection, enable forced outing, and no instruction on sexual orientation and gender identity in grades K-5Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00631I.htm
House Bill 319Rights of conscience for physicians to deny careIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00319I.htm
House Bill 496Prohibits health insurance coverage for conversion therapyIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00496I.htm
House Bill 98Allows for school districts to provide on campus mental health services in conjunction with local mental health authority and also provides for Medicaid reimbursement for eligible students.Introduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00098I.htm
House Bill 338Requires publishers selling or providing books to schools to assign content ratings for them, as defined by the bill and prohibits certain books with specific content ratings for specific grade levelsIntroduced (2023)Parental rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00338I.htm
Senate Bill 82Remove criminal penalties for same-sex relationshipsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00082I.htm
Senate Bill 23Prohibits participation in interscholastic sports on team not aligned with biological sex, targeting transgender student athletesIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00023I.htm
Senate Bill 162Prohibits changing biological sex on a minor's birth certificateIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00162I.htm
Senate Bill 111Remove criminal penalties for same-sex relationshipsIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00111I.htm
House Bill 41Similar to HB 122, prohibits gender affirming care; however, doesn't include a criminal penaltyIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00041I.htm
House Bill 97Removes previously enacted divisive concepts ban and restrictions on teachersIntroduced (2023)Racial Equity and Justicehttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00097I.htm
House Bill 498Adds that bullying and harassment can also occur on the basis of one perceived identity, such as sexual orientation, gender identity, etc.Introduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00498I.htm
Senate Bill 113Allows for school districts to provide on campus mental health services in conjunction with local mental health authority and also provides for Medicaid reimbursement for eligible students.Introduced (2023)Mental Healthhttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00113I.htm
House Bill 122Prohibits health professionals from providing gender affirming care and creating a criminal offense for doing so. Further, prohibiting professional liability insurance companies from covering damages incurred by said physicians who provide gender affirming careIntroduced (2023)Sexual Orientation and Gender Identityhttps://capitol.texas.gov/tlodocs/88R/billtext/html/HB00122I.htm
Senate Bill 165Requires parental written consent prior to "social or psychological experiments" measuring attitudes, behavior, knowledge. Requires parental consent prior to showing a child as a part of instruction violence or sexual content.Introduced (2023)Parental Rights, Curriculum Transparency, and Book Banshttps://capitol.texas.gov/tlodocs/88R/billtext/html/SB00165I.htm

Youth Sexual Health Data

Young people are more than their health behaviors and outcomes. While data can be a powerful tool to demonstrate the sex education and sexual health care needs of young people, it is important to be mindful that these behaviors and outcomes are impacted by systemic inequities present in our society that affect an individual’s sexual health and well-being. To learn more about Texas’ Youth Risk Behavior Survey (YRBS) results, click here. At the time of publication, 2021 YRBS data was not made available yet.

Texas School Health Profiles Data 

In 2022, the Centers for Disease Control and Prevention (CDC) released the School Health Profiles, which measure school health policies and practices and highlight which health topics were taught in schools across the country. Since the data were collected from self-administered questionnaires completed by schools’ principals and lead health education teachers, the CDC notes that one limitation of the School Health Profiles is bias toward the reporting of more positive policies and practices. In the 2020 School Health Profiles, the CDC identifies 22 sexual health education topics as critical for ensuring a young person’s sexual health. Below are key instruction highlights for secondary schools in Texas as reported for the 2019–2020 school year

Reported teaching all 22 critical sexual health education topics

  • 29.8% of Texas secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 6, 7, or 8.
  • 35.2% of Texas secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about the benefits of being sexually abstinent

  • 72.5% of Texas secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 6, 7, or 8.
  • 73.6% of Texas secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 9, 10, 11, or 12

Reported teaching how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy

  • 62.6% of Texas secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 6, 7, or 8.
  • 68.1% of Texas secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to create and sustain healthy and respectful relationships

  • 73% of Texas secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 6, 7, or 8.
  • 71.5% of Texas secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about preventive care that is necessary to maintain reproductive and sexual health

  • 59.8% of Texas secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 6, 7, or 8.
  • 68.6% of Texas secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to correctly use a condom

  • 34.8% of Texas secondary schools taught students how to correctly use a condom in a required course in any of grades 6, 7, or 8.
  • 42.2% of Texas secondary schools taught students how to correctly use a condom in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about methods of contraception other than condoms

  • 44.8% of Texas secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 6, 7, or 8.
  • 57% of Texas secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about sexual orientation and gender identity

  • 35.9% of Texas secondary schools taught students about sexual orientation and gender identity in a required course in any of grades 6, 7, or 8.
  • 48.5% of Texas secondary schools taught students about sexual orientation and gender identity in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about how gender roles and stereotypes affect goals, decision-making, and relationships

  • 49.9% of Texas secondary schools taught students about gender roles and stereotypes in a required course in any of grades 6, 7, or 8.
  • 53.7% of Texas secondary schools taught students about gender roles and stereotypes in a required course in any of grades 9, 10, 11, or 12.

Reported providing curricula or supplementary materials relevant to lesbian, gay, bisexual, transgender, or questioning (LGBTQ) youth 

  • 35% of Texas secondary schools provided students with curricula or supplementary materials that included HIV, STD, or pregnancy prevention information relevant to LGBTQ youth.

Visit the CDC’s School Health Profiles report for additional information on school health policies and practices.

The quality of sex education taught often reflects funding available for sex education programs. To learn more about federal funding streams, click here.

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