Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1396 seeks to prohibit the adoption or use of national sex education standards in Texas public schools. Specifically, it amends key provisions of the Texas Education Code—Sections 28.002 and 28.004—to bar the State Board of Education (SBOE), school districts, and open-enrollment charter schools from adopting curriculum standards developed by national organizations such as the Future of Sex Education Initiative. The bill builds upon the state’s existing prohibition on Common Core State Standards, reaffirming Texas's commitment to local and state-controlled education policy.

Under the proposed changes, the bill defines "national sex education standards" and expressly forbids their adoption by the SBOE or school districts to meet any education requirements under the Education Code. Furthermore, it clarifies that districts and charter schools cannot be mandated to implement any aspect of these standards. The legislation also reinforces abstinence-focused education by updating Section 28.004(e) to require that any instruction on human sexuality, HIV/AIDS, or sexually transmitted diseases be chosen with input from a local school health advisory council and emphasize abstinence as the preferred behavior for unmarried school-aged individuals.

The legislative intent behind SB 1396 is to preserve local control over sensitive educational content, prevent ideological or cultural shifts driven by national standards, and maintain Texas’ distinctive approach to sex education, which centers on parental rights and community involvement. This effort aligns with broader state policies opposing centralized educational mandates and reflects ongoing concerns among Texas lawmakers and constituents about preserving local values in public school curricula.

The originally filed version of SB 1396 focused narrowly on prohibiting Texas public schools from adopting or using “national sexuality education standards” developed by the Future of Sex Education Initiative. It defined these standards, explicitly barred the State Board of Education (SBOE) from adopting them, and ensured that school districts and charter schools could not be required to implement them. It also added a clause to Section 28.004(e) of the Education Code specifying that sex education content “may not be based on national sexuality education standards.”

The Committee Substitute version broadened and refined this approach in a few key ways. First, it changed the term “national sexuality education standards” to “national sex education standards” and expanded the definition to include standards on human sexuality or sexually transmitted diseases—not just those by the Future of Sex Education Initiative. This redefinition potentially encompasses a wider range of content from other national organizations, strengthening the bill's reach.

Second, while both versions emphasize abstinence-focused instruction, the substitute version removes some specific requirements originally present in Section 28.004(e), such as directing adolescents to abstain from sexual activity before marriage and teaching contraception in terms of “human use reality rates.” Instead, the substitute simplifies the section by requiring that instruction emphasize abstinence and be chosen with the local health advisory council's input—placing more emphasis on local governance than prescriptive content.

Overall, the substitute bill streamlines the original while reinforcing local control and expanding the scope of the national standards it seeks to prohibit.

Author (1)

Bob Hall

Co-Author (3)

Donna Campbell

Mayes Middleton

Kevin Sparks

Sponsor (1)

Alan Schoolcraft

Contact the Author

Sen. Bob Hall

Capitol Phone:

(512) 463-0102

Capitol Office:

CAP 1E.15

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1396 is not expected to result in any significant fiscal impact to the State of Texas. The analysis assumes that any administrative or implementation costs associated with the bill's prohibition on adopting or using national sex education standards can be absorbed by the Texas Education Agency (TEA) and local educational entities using existing resources.

Additionally, there are no anticipated fiscal implications for local governments, including school districts and open-enrollment charter schools. This suggests that the bill does not mandate new expenditures or require significant structural changes at the local level that would necessitate additional funding or reimbursement.

Overall, SB 1396 is fiscally neutral and is designed to enforce policy direction regarding curriculum content without imposing new financial burdens on state or local entities.

Vote Recommendation Notes

SB 1396 clearly aims to prevent the influence of national sex education standards—especially those developed by the Future of Sex Education Initiative—from entering Texas public school classrooms. The bill asserts that these national standards promote specific ideological content, which the bill authors and supporters argue conflicts with local community standards and Texas’s established Health TEKS (Texas Essential Knowledge and Skills). By codifying a prohibition on both Common Core and national sex education standards, the legislation strengthens local and state control over curriculum development.

The author’s statement of intent highlights concerns about what is perceived as ideologically driven content found in national sex education guidelines, such as topics on sexual orientation, gender identity, contraceptive use, and reproductive rights introduced as early as elementary school. SB 1396 addresses these concerns by explicitly preventing the State Board of Education (SBOE) and school districts from implementing or being compelled to use these standards. The committee substitute goes a step further by expanding the definition of "national sex education standards" and reaffirming the autonomy of local school boards and advisory councils in curriculum decisions.

From a liberty principles standpoint, this bill supports Individual Liberty and Limited Government by reinforcing the rights of parents and local communities to determine what is taught in sensitive areas like sex education. It avoids one-size-fits-all mandates and respects Personal Responsibility by preserving educational standards aligned with Texas values rather than external entities. Furthermore, the fiscal impact is negligible, as confirmed by the Legislative Budget Board, meaning the bill imposes no new burdens on state or local governments.

Given these points, and with no adverse fiscal or operational consequences projected, Texas Policy Research recommends that lawmakers vote YES on SB 1396 based on its alignment with core liberty principles.

Individual Liberty: The bill upholds individual liberty by reinforcing the right of parents and local communities to influence what their children are taught regarding sex education. By prohibiting the adoption of national sex education standards—particularly those perceived to reflect specific ideological perspectives—the bill prevents mandated instruction that may conflict with a family's values. It protects the right of individuals to guide their children's moral and educational development without coercive influence from outside interest groups or national curriculum developers.
Personal Responsibility: The bill supports the notion that families and local educators should take ownership of sex education content, choosing materials that reflect the values and expectations of their community. The continued emphasis on abstinence-centered education aligns with a belief in self-restraint and the responsible management of one's choices. It positions families and local districts as the primary entities accountable for decisions about health and sexuality education, rather than shifting responsibility to national organizations.
Free Enterprise: While not directly related to economic markets, the bill could have an indirect benefit for free enterprise by discouraging the monopolization of sex education curricula by national organizations. Instead, it opens the door for a more diverse set of educational vendors and content creators aligned with Texas standards, thereby promoting competition and choice in educational services.
Private Property Rights: This principle is not substantively engaged by SB 1396. The bill does not address issues of land, ownership, or property usage. However, by safeguarding the autonomy of local school boards, it tangentially respects the decentralization of control, a value that parallels respect for individual and local ownership of resources and governance.
Limited Government: The bill is a strong expression of limited government. It acts as a barrier against federal or nationally-driven curriculum mandates in a traditionally local matter—public education. By expanding the prohibition on Common Core to include national sex education standards, the bill reinforces Texas’s sovereign role in determining educational content. It ensures that the SBOE and local districts are not bound by outside policies and maintain education governance as a state and local matter.

View Bill Text and Status