Texas 2011 - 82nd Regular

Texas House Bill HB2796 Latest Draft

Bill / Introduced Version

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                            82R10725 VOO-D
 By: Bonnen H.B. No. 2796


 A BILL TO BE ENTITLED
 AN ACT
 relating to repeal of the coordinated health program for public
 primary and secondary schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 38.013 and 38.014, Education Code, are
 repealed.
 SECTION 2.  Section 11.253(d), Education Code, is amended to
 read as follows:
 (d)  Each campus improvement plan must:
 (1)  assess the academic achievement for each student
 in the school using the student achievement indicator system as
 described by Section 39.053;
 (2)  set the campus performance objectives based on the
 student achievement indicator system, including objectives for
 special needs populations, including students in special education
 programs under Subchapter A, Chapter 29;
 (3)  identify how the campus goals will be met for each
 student;
 (4)  determine the resources needed to implement the
 plan;
 (5)  identify staff needed to implement the plan;
 (6)  set timelines for reaching the goals;
 (7)  measure progress toward the performance
 objectives periodically to ensure that the plan is resulting in
 academic improvement;
 (8)  include goals and methods for violence prevention
 and intervention on campus; and
 (9)  provide for a program to encourage parental
 involvement at the campus[; and
 [(10)     if the campus is an elementary, middle, or
 junior high school, set goals and objectives for the coordinated
 health program at the campus based on:
 [(A)     student fitness assessment data, including
 any data from research-based assessments such as the school health
 index assessment and planning tool created by the federal Centers
 for Disease Control and Prevention;
 [(B)  student academic performance data;
 [(C)  student attendance rates;
 [(D)     the percentage of students who are
 educationally disadvantaged;
 [(E)     the use and success of any method to ensure
 that students participate in moderate to vigorous physical activity
 as required by Section 28.002(l); and
 [(F)     any other indicator recommended by the local
 school health advisory council].
 SECTION 3.  Section 28.004(c), Education Code, is amended to
 read as follows:
 (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;
 and
 (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].
 SECTION 4.  Section 38.104(c), Education Code, is amended to
 read as follows:
 (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 the School
 Health Advisory Committee established under Section 1001.0711,
 Health and Safety Code, for use by the committee in[:
 [(1)     assessing the effectiveness of coordinated
 health programs provided by school districts in accordance with
 Section 38.014; and
 [(2)]  developing recommendations for modifications to
 the health and physical education [coordinated health program
 requirements or related] curriculum in public schools.
 SECTION 5.  Section 1001.0711(a), Health and Safety Code, is
 amended to read as follows:
 (a)  The commission by rule shall establish a School Health
 Advisory Committee at the department to provide assistance to the
 council in establishing a leadership role for the department in
 support for and delivery of [coordinated school health programs
 and] school health services.
 SECTION 6.  This Act applies beginning with the 2011-2012
 school year.
 SECTION 7.  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, 2011.