85R12448 SRS-D
By: Swanson H.B. No. 4206
A BILL TO BE ENTITLED
AN ACT
relating to elimination of the requirement that a school district
establish a local school health advisory council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 achievement indicator system as described
by Section 39.053;
(2) set the campus performance objectives based on the
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; and
(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 2. The heading to Section 28.004, Education Code,
is amended to read as follows:
Sec. 28.004. [LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND]
HEALTH EDUCATION INSTRUCTION.
SECTION 3. Sections 28.004(e), (i), and (k), Education
Code, are amended to read as follows:
(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] 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 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;
[(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
(B) [(C)] whether the district has adopted and
enforces policies and procedures that prescribe penalties for the
use of e-cigarettes, as defined by Section 38.006, and 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.
SECTION 4. The following laws are repealed:
(1) Sections 28.004(a), (b), (c), (d), (d-1), (l),
(l-1), (m), and (n), Education Code; and
(2) Section 12.0029(d), Agriculture Code.
SECTION 5. This Act takes effect September 1, 2017.