83R8303 CAE-D
By: Deuell S.B. No. 684
A BILL TO BE ENTITLED
AN ACT
relating to a physical assessment of students by a public school.
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 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) if the district administers a physical fitness
assessment under Subchapter C, Chapter 38, 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.
SECTION 2. Section 38.101, Education Code, is amended to
read as follows:
Sec. 38.101. ASSESSMENT AUTHORIZED [REQUIRED]. (a) A
[Except as provided by Subsection (b), a] school district may
annually [shall] assess the physical fitness of students enrolled
in grade three or higher in a course that satisfies the curriculum
requirements for physical education under Section 28.002(a)(2)(C).
(b) If a school district assesses the physical fitness of
students as authorized under Subsection (a), the [A school]
district is not required to assess a student for whom, as a result
of disability or other condition identified by commissioner rule,
the assessment instrument adopted under Section 38.102 is
inappropriate.
SECTION 3. Section 38.103(a), Education Code, is amended to
read as follows:
(a) If a school district assesses the physical fitness of
students under this subchapter, the [A school] district shall
provide the results of individual student performance on the
physical fitness assessment [required by this subchapter] to the
agency. The results may not contain the names of individual
students or teachers or a student's social security number or date
of birth.
SECTION 4. This Act applies beginning with the 2013-2014
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, 2013.