Texas Sex Ed is Opt-Out (Continued)

In a previous post, I explained that opt-in for sex ed gives parents more control over what their children are exposed to. I also attached a letter I sent to my school district. Herein, I go through the response from the school district and what I have learned from my due diligence.

I was contacted by the Waxahachie ISD Director of Educational Support & Counseling Services. She called me and after a few days’ long game of phone tag, we connected. She explained to me that opt-in was indeed expired; however, that did not mean a school district could expose children to sex education without a parent’s knowledge. She stayed on the line with me long enough to go into detail regarding what my family could expect from her, from the school district, and from Texas Education Authority.

I did ask directly if she knew what a boy was and what a girl was. She responded well, and she assured me that they teach that males are boys who grow up to be men and females are girls who grow up to be women.

Opt-Out Does not mean Anything Goes

When I heard that sex ed was no longer opt in, I immediately believed some unelected government officials would be tinkering in the background trying to indoctrinate my children into things I did not want. To my relief, I found that there is a more complex legal framework working to ensure parental controls even without opt in sex ed. Apparently, as things stand now in Texas, there are still strict parental notice requirements to which a school district must adhere before engaging in sex ed with any child.

A district must provide a parent with notice of sex ed and that notice must describe what is required under state law and what instruction is provided by the district. This notice must come before the start of a school year. A parent is entitled to a copy of the materials to be furnished by the district and is entitled to withdraw a child from such instruction. Further, the materials must be made available on the district’s webpage wherever such a webpage exists.

Peripherally, if a district provides sex ed beyond what is required by state law, written consent must be obtained from the parent in order to provide instruction to a child regarding prevention of child abuse, family violence, dating violence, and sex trafficking.

In TEA’s own words

The district did, in fact, contact TEA directly to get some answers regarding the legal and administrative landscape. They have provided certain assurances I place before the reader untained: (Citing TEC SS28.004)

Thank you for contacting the Curriculum Standards and Student Support Division at the Texas Education Agency (TEA). Your message has been assigned to me for a response. The Texas Education Code (TEC) §28.004(i-2) establishes that before a student may be provided with human sexuality instruction, a school district must obtain the written consent of the student's parent. A request for written consent under this subsection:

  • may not be included with any other notification or request for written consent provided to the parent, other than the notice provided under Subsection (i); and

  • must be provided to the parent not later than the 14th day before the date on which the human sexuality instruction begins.

TEC §28.004(i-3) establishes that the requirement of obtaining written consent (TEC§28.004(i-2)) of the student’s parent before a student can be provided human sexuality instruction expires on August 1, 2024.

Requirements Not Expiring

Please note, the requirement to provide written notice to a parent of each student enrolled in the district of the board of trustee's decision regarding whether the district will provide human sexuality instruction, as established in TEC §28.004(i), is not expiring and will continue beyond August 1, 2024.

Please also note, the requirement to provide written notice (TEC §28.004(q-5)) and obtain written consent (TEC §28.004(q-6)) to provide instruction relating to the prevention of child abuse, family violence, dating violence, and sex trafficking is not expiring and will continue beyond August 1, 2024.

The education code section cited is very long and winds down many convoluted paths. I think what the unelected officials are trying to get across is that districts must notice parents whenever sex ed is near for a child. I think that also they would like us to know that, for certain types of teachings, after notice and affirmative opt in is still required.

In Summation

This is still concerning. Opt in is a 100% failsafe against the wanton changes to instruction our children face when under the education of the state. Since the state has delegated (unconstitutionally) the responsibility of public education to the Texas Education Agency, the rules governing education can change on a bureaucratic whim without the need for our legislators to call session. Opt in stopped sensitive instruction in its tracks and acted as a check on the TEA.

Opt out puts more onus on the parents and gives more control to unelected state bureaucrats. The head of TEA is silent on this, and that, in my estimation, is one of the largest issues parents have to face when placing the care, custody, and control of our children into the hands of the state day after day, year after year. We will remain vigilant, as always.

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