81R11663 CAS-D
By: Olivo H.B. No. 4672
A BILL TO BE ENTITLED
AN ACT
relating to reports of a public school student's physical fitness
assessment results to the student's parent and efforts to improve
the physical fitness of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.004(k), Education Code, is amended to
read as follows:
(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 the amount and level of physical activity
required by Section 28.002(l);
(2) a statement of:
(A) the number of times during the preceding year
the district's local 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; and
(3) a statement providing notice to parents, including
guardians and other persons standing in parental relation, that the
district is required to provide to them a written copy of [they can
request in writing] their child's physical fitness assessment
results at the end of the school year if the child does not achieve
satisfactory results on the assessment.
SECTION 2. Subchapter C, Chapter 38, Education Code, is
amended by adding Section 38.1031 to read as follows:
Sec. 38.1031. REPORTING OF INDIVIDUAL RESULTS. (a) In this
section, "parent" includes a guardian or other person standing in
parental relation.
(b) At the end of each school year, a school district shall
provide a written copy of a student's physical fitness assessment
results to the student's parent if the student did not achieve
satisfactory results on one or more factors specified under Section
38.102(b)(1).
SECTION 3. Section 38.104, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) The agency shall analyze the results received by the
agency under this subchapter and identify, for each school
district, any correlation between the results and the following:
(1) student academic achievement levels;
(2) student attendance levels;
(3) student obesity;
(4) student body composition;
(5) student disciplinary problems; and
(6) [(5)] school meal programs.
(c) Not later than September 1 of each year, the agency
shall report the findings of the analysis under this section of the
results obtained during the preceding school year to:
(1) the School Health Advisory Committee established
under Section 1001.0711, Health and Safety Code, for use by the
committee in:
(A) [(1)] assessing the effectiveness of
coordinated health programs provided by school districts in
accordance with Section 38.014; and
(B) [(2)] developing recommendations for
modifications to coordinated health program requirements or
related curriculum; and
(2) the Interagency Obesity Council established under
Chapter 114, Health and Safety Code.
(d) The School Health Advisory Committee, in consultation
with the Interagency Obesity Council, shall:
(1) based on the information reported under Subsection
(c), identify school districts in which there may be high rates of
obese or overweight students; and
(2) encourage those districts to expand existing or
implement new school-based nutrition and physical activity
programs designed to reduce those rates.
SECTION 4. This Act applies beginning with the 2009-2010
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.