The Patient Protection and Affordable Care Act (Pub.L.111-148) amends section 510 of the Social Security Act (42 U.S.C. § 710). Section 2954 establishes the restoration of funding for Abstinence Education. The Title V Abstinence Education funding is one intervention in a continuum of services that seeks to prevent teen pregnancy by enabling states to provide abstinence education as defined by Section 510(b)(2) of the Social Security Act (42 U.S.C. § 710(b)) or programs that provide mentoring, counseling, and/or adult supervision as a means of promoting abstinence from sexual activity. Programs are to target groups that are most likely to bear children out-of-wedlock. States are to consider populations or areas with high pregnancy rates such as youth in the care of the child welfare system in determining how to target resources. All programs incorporated by a state must ensure that abstinence from sexual activity is an expected outcome. States are encouraged to identify programs that have demonstrated effectiveness in delaying initiation of sexual activity or promoting abstinence from sexual activity.
Texas Education Code-Section 28.004
(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.
(j) A school district shall make all curriculum materials used in the district's human sexuality instruction available for reasonable public inspection.
Texas Statutes Education Code