Texas Law

What Is Texas Law Regarding SHACs?

Every independent school district is required by law to have a School Health Advisory Council.The following text is from Title 2, Chapter 28, Section 28.004 of the Texas Education Code, the state statute that governs public schools in Texas. This section outlines the law regarding SHACs.

CHAPTER 28.004.
Local School Health Advisory Council and Health Education Instruction.

CHAPTER 28.004. LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND HEALTH EDUCATION
INSTRUCTION.
(a) The board of trustees of each school district shall establish a local school health advisory council
to assist the district in ensuring that local community values are reflected in the district's health
education instruction.
(b) A school district must consider the recommendations of the local school health advisory council
before changing the district's health education curriculum or instruction.
(c) The local school health advisory council's duties include recommending:
(1) the number of hours of instruction to be provided in health education;
(2) curriculum appropriate for specific grade levels designed to prevent obesity, cardiovascular
disease, and Type 2 diabetes through coordination of:
(A) health education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement; and
(E) instruction to prevent the use of tobacco;
(3) appropriate grade levels and methods of instruction for human sexuality instruction; and
(4) strategies for integrating the curriculum components specified by Subdivision (2) with the
following elements in a coordinated school health program for the district:
(A) school health services;
(B) counseling and guidance services;
(C) a safe and healthy school environment; and
(D) school employee wellness.
(d) The board of trustees shall appoint members to the local school health advisory council.
A majority of the members must be persons who are parents of students enrolled in the district and
who are not employed by the district. The board of trustees also may appoint one or more persons
from each of the following groups or a representative from a group other than a group specified under
this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; and
(9) nonprofit health organizations.
(e) 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 with the advice of the local school health advisory council 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, if used consistently and correctly, 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.
(f) A school district may not distribute condoms in connection with instruction relating to human
sexuality.
(g) A school district that provides human sexuality instruction may separate students according to
sex for instructional purposes.
(h) The board of trustees shall determine the specific content of the district's instruction in human
sexuality, in accordance with Subsections (e), (f), and (g).
(i) 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.
(j) A school district shall make all curriculum materials used in the district's human sexuality
instruction available for reasonable public inspection.
(k) A school district shall publish in the student handbook and post on the district's Internet website,
if the district has an Internet website:
(1) a statement of the policies adopted to ensure that elementary school, middle school, and
junior high school students engage in at least 30 minutes per school day or 135 minutes per
school week of physical activity; and
(2) a statement of:
(A) the number of times during the preceding year the district's school health advisory
council has met;
(B) whether the district has adopted and enforces policies to ensure that district campuses
comply with agency vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has adopted and enforces policies and procedures that prescribe
penalties for the use of tobacco products by students and others on school campuses or at
school-sponsored or school-related activities.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. 
Amended by Acts 2001, 77th Leg., ch. 907, § 2, eff. June 14, 
2001; Acts 2003, 78th Leg., ch. 944, § 1, 2, eff. Sept. 1, 2003.
Amended by: Acts 2005, 79th Leg., Ch. 784, Sec. 2, eff. June 17, 2005. Acts 2007, 80th Leg., R.S., Ch. 1377, Sec. 2, eff. June 15, 2007.
Department of State Health Services:
The Texas Department of State Health Services (DSHS) School Health Program website provides additional information for school district SHACsas well as tools and tips to chart a course to a healthier Texas.
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