The State Board of Education (SBOE) adopts new §74.35, concerning additional requirements for high school health classes. The new section is adopted without changes to the proposed text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1064) and will not be republished. The adopted new section requires school districts and open-enrollment charter schools to incorporate instruction in parenting awareness into any course meeting a requirement for a health education credit, using the materials approved by the SBOE.

House Bill 2176, 80th Texas Legislature, 2007, added Texas Education Code, §28.002(p), which requires the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness program that school districts will be required to use in the high school health curriculum. This program must address parenting skills and responsibilities, including child support and other legal rights; and relationship skills, including money management, communication skills, and marriage preparation. In high schools that do not have a family violence prevention program, skills relating to the prevention of family violence must be included.

The adopted new 19 TAC §74.35, Additional Requirements for High School Health Classes, outlines school district and open-enrollment charter school requirements for implementation of this program. The adopted new rule establishes that SBOE-approved materials must be used, specifies that local school health advisory councils must assist in ensuring that local community values are reflected in the district's health instruction, stipulates that school districts may add elements but must include specific areas of instruction, addresses instances where health education credit courses are taken prior to Grade 9, and establishes that the requirements begin with the 2008 - 2009 school year.

The materials for the parenting and paternity awareness program were approved by the SBOE at the January 2008 meeting. These materials will be provided to school districts and open-enrollment charter schools at no charge.

The Texas Education Agency has determined that the adopted amendment will have no adverse economic effect for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

No comments were received regarding the proposed new section.

In accordance with the Texas Education Code, §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than the beginning of the 2008 - 2009 school year. The earlier effective date will allow adequate time for districts to add necessary elements to the curriculum for health classes. The effective date of the adopted new section is 20 days after filing as adopted.

The new section is adopted under the Texas Education Code, §28.002(p), as added by House Bill 2176, 80th Texas Legislature, 2007, which authorizes the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness program that a school district shall use in the district's high school health curriculum.

The new section implements the Texas Education Code, §28.002(p).