82R7275 KKA-D
By: Martinez Fischer H.B. No. 3681
A BILL TO BE ENTITLED
AN ACT
relating to assessments of physical fitness of public school
students and campus ratings based on that assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.103, Education Code,
is amended to read as follows:
Sec. 38.103. REPORTING OF [SUMMARY] RESULTS.
SECTION 2. Section 38.103, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A school district shall compile the results of the
physical fitness assessment required by this subchapter and provide
summary results, aggregated by campus, grade level, and any other
appropriate category identified by commissioner rule, to the
agency. The summary results may not contain the names of
individual students or teachers.
(c) The commissioner by rule shall require a school district
to provide the results of individual student performance on the
physical fitness assessment instrument to the agency. The results
may not contain a student's:
(1) name;
(2) social security number; or
(3) date of birth.
(d) A parent may obtain the results of the physical fitness
assessment of the parent's child as provided by Section
28.004(k)(3).
SECTION 3. The heading to Section 38.104, Education Code,
is amended to read as follows:
Sec. 38.104. ANALYSIS OF RESULTS; RATING.
SECTION 4. Sections 38.104(a) and (c), Education Code, are
amended to read as follows:
(a) The agency shall analyze the results received by the
agency under this subchapter and identify, for each school district
and campus, any correlation between the results and the following:
(1) student academic achievement levels;
(2) student attendance levels;
(3) student obesity;
(4) student disciplinary problems; and
(5) school meal programs.
(c) Not later than September 1 of each year, the agency
shall:
(1) 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:
(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) assign each campus a rating based on annual
progress in improving student physical fitness.
SECTION 5. Sections 39.305(b) and (c), Education Code, are
amended to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the student achievement
indicators described by Section 39.053(c) and the reporting
indicators described by Sections 39.301(c)(1) through (5);
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071;
[and]
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner; and
(5) the physical fitness rating assigned under Section
38.104(c)(2).
(c) The commissioner shall adopt rules requiring
dissemination of the information required under Subsections
[Subsection] (b)(4) and (5) and appropriate class size and student
performance portions of campus report cards annually to the parent,
guardian, conservator, or other person having lawful control of
each student at the campus. On written request, the school
district shall provide a copy of a campus report card to any other
party.
SECTION 6. The Texas Education Agency shall assign each
campus its initial rating under Section 38.104(c)(2), Education
Code, as added by this Act, not later than September 1, 2013, based
on progress achieved between the 2011-2012 and 2012-2013 school
years. Ratings shall be included in the campus report card under
Section 39.305, Education Code, as amended by this Act, beginning
with the first campus report cards prepared after initial ratings
are assigned.
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.