By: Farias (Senate Sponsor - Van de Putte) H.B. No. 692
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Education; May 19, 2011, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to high school graduation requirements for a student who
is unable to participate in physical activity due to disability or
illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.025, Education Code, is amended by
amending Subsection (b-1) and adding Subsection (b-11) to read as
follows:
(b-1) The State Board of Education by rule shall require
that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the recommended and advanced high
school programs under Subsection (a) include a requirement that
students successfully complete:
(A) four credits in each subject of the
foundation curriculum under Section 28.002(a)(1), including at
least one-half credit in government and at least one-half credit in
economics to meet the social studies requirement;
(B) for the recommended high school program, two
credits in the same language in a language other than English under
Section 28.002(a)(2)(A) and, for the advanced high school program,
three credits in the same language in a language other than English
under Section 28.002(a)(2)(A); and
(C) for the recommended high school program, six
elective credits and, for the advanced high school program, five
elective credits;
(2) one or more credits offered in the required
curriculum for the recommended and advanced high school programs
include a research writing component; and
(3) the curriculum requirements for the minimum,
recommended, and advanced high school programs under Subsection (a)
include a requirement that students successfully complete:
(A) one credit in fine arts under Section
28.002(a)(2)(D); and
(B) except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(C).
(b-11) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student who is unable to
participate in physical activity due to disability or illness to
substitute one credit in English language arts, mathematics,
science, or social studies or one academic elective credit for the
physical education credit required under Subsection (b-1)(3)(B). A
credit allowed to be substituted under this subsection may not also
be used by the student to satisfy a graduation requirement other
than completion of the physical education credit. The rules must
provide that the determination regarding a student's ability to
participate in physical activity will be made by:
(1) if the student receives special education services
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee;
(2) if the student does not receive special education
services under Subchapter A, Chapter 29, but is covered by Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
committee established for the student under that Act; or
(3) if each of the committees described by
Subdivisions (1) and (2) is inapplicable, a committee established
by the school district of persons with appropriate knowledge
regarding the student.
SECTION 2. 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.
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