82R13601 VOO-F
By: Cain H.B. No. 3463
A BILL TO BE ENTITLED
AN ACT
relating to paperwork requirements and unfunded mandates imposed on
school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.060, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) In addition to the requirements otherwise prescribed by
this section, the commissioner shall adopt policies that result in
a reduction of at least 10 percent in the total amount of written
paperwork, reports, and other information that a school district is
required by the agency to prepare, as determined in comparison to
the total amount of written paperwork, reports, and other
information required to be prepared by a school district during the
2010-2011 school year. The policies must be implemented beginning
not later than the 2012-2013 school year. This subsection expires
September 1, 2013.
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;
(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, if one has been established.
SECTION 3. Sections 28.004(a), (b), (d), (d-1), (e), (i),
(k), (l), and (m), Education Code, are amended to read as follows:
(a) The board of trustees of each school district may
[shall] establish a local school health advisory council to assist
the district in ensuring that local community values are reflected
in the district's health education instruction.
(b) A school district must consider the recommendations of
the local school health advisory council, if one has been
established, before changing the district's health education
curriculum or instruction.
(d) If the [The] board of trustees establishes a local
school health advisory council, the board shall appoint at least
five members to the [local school health advisory] council. A
majority of the members must be persons who are parents of students
enrolled in the district and who are not employed by the
district. One of those members shall serve as chair or co-chair of
the council. The board of trustees also may appoint one or more
persons from each of the following groups or a representative from a
group other than a group specified under this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; and
(9) nonprofit health organizations.
(d-1) If the board of trustees establishes a [The] local
school health advisory council, the council shall meet at least
four times each year.
(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, if one has been established,
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.
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a statement informing the parent of the instructional
requirements under state law;
(2) a statement of the parent's right to:
(A) review curriculum materials as provided by
Subsection (j); and
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(3) information describing the opportunities for
parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council, if one has been
established [under Subsection (a)].
(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 school health advisory council has met, if one has
been established;
(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 that they
can request in writing their child's physical fitness assessment
results at the end of the school year.
(l) If the board of trustees establishes a [The] local
school health advisory council, the council shall consider and make
policy recommendations to the district concerning the importance of
daily recess for elementary school students. The council must
consider research regarding unstructured and undirected play,
academic and social development, and the health benefits of daily
recess in making the recommendations. The council shall ensure
that local community values are reflected in any policy
recommendation made to the district under this subsection.
(m) In addition to performing other duties, the local school
health advisory council, if one has been established, shall submit
to the board of trustees, at least annually, a written report that
includes:
(1) any council recommendation concerning the school
district's health education curriculum and instruction or related
matters that the council has not previously submitted to the board;
(2) any suggested modification to a council
recommendation previously submitted to the board; and
(3) a detailed explanation of the council's activities
during the period between the date of the current report and the
date of the last prior written report.
SECTION 4. Section 176.009(a), Local Government Code, is
amended to read as follows:
(a) A local governmental entity that maintains an Internet
website shall provide access to the statements and to
questionnaires required to be filed under this chapter on that
website. This subsection does not require a local governmental
entity to maintain an Internet website. This subsection does not
apply to a school district.
SECTION 5. Section 38.0025, Education Code, is repealed.
SECTION 6. This Act takes effect September 1, 2011.