Texas 2017 - 85th Regular

Texas House Bill HB4206 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12448 SRS-D
2	2	By: Swanson H.B. No. 4206
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to elimination of the requirement that a school district
8	8	establish a local school health advisory council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.253(d), Education Code, is amended to
11	11	read as follows:
12	12	(d) Each campus improvement plan must:
13	13	(1) assess the academic achievement for each student
14	14	in the school using the achievement indicator system as described
15	15	by Section 39.053;
16	16	(2) set the campus performance objectives based on the
17	17	achievement indicator system, including objectives for special
18	18	needs populations, including students in special education
19	19	programs under Subchapter A, Chapter 29;
20	20	(3) identify how the campus goals will be met for each
21	21	student;
22	22	(4) determine the resources needed to implement the
23	23	plan;
24	24	(5) identify staff needed to implement the plan;
25	25	(6) set timelines for reaching the goals;
26	26	(7) measure progress toward the performance
27	27	objectives periodically to ensure that the plan is resulting in
28	28	academic improvement;
29	29	(8) include goals and methods for violence prevention
30	30	and intervention on campus;
31	31	(9) provide for a program to encourage parental
32	32	involvement at the campus; and
33	33	(10) if the campus is an elementary, middle, or junior
34	34	high school, set goals and objectives for the coordinated health
35	35	program at the campus based on:
36	36	(A) student fitness assessment data, including
37	37	any data from research-based assessments such as the school health
38	38	index assessment and planning tool created by the federal Centers
39	39	for Disease Control and Prevention;
40	40	(B) student academic performance data;
41	41	(C) student attendance rates;
42	42	(D) the percentage of students who are
43	43	educationally disadvantaged; and
44	44	(E) the use and success of any method to ensure
45	45	that students participate in moderate to vigorous physical activity
46	46	as required by Section 28.002(l)[; and
47	47	[(F) any other indicator recommended by the local
48	48	school health advisory council].
49	49	SECTION 2. The heading to Section 28.004, Education Code,
50	50	is amended to read as follows:
51	51	Sec. 28.004. [LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND]
52	52	HEALTH EDUCATION INSTRUCTION.
53	53	SECTION 3. Sections 28.004(e), (i), and (k), Education
54	54	Code, are amended to read as follows:
55	55	(e) Any course materials and instruction relating to human
56	56	sexuality, sexually transmitted diseases, or human
57	57	immunodeficiency virus or acquired immune deficiency syndrome
58	58	shall be selected by the board of trustees [with the advice of the
59	59	local school health advisory council] and must:
60	60	(1) present abstinence from sexual activity as the
61	61	preferred choice of behavior in relationship to all sexual activity
62	62	for unmarried persons of school age;
63	63	(2) devote more attention to abstinence from sexual
64	64	activity than to any other behavior;
65	65	(3) emphasize that abstinence from sexual activity, if
66	66	used consistently and correctly, is the only method that is 100
67	67	percent effective in preventing pregnancy, sexually transmitted
68	68	diseases, infection with human immunodeficiency virus or acquired
69	69	immune deficiency syndrome, and the emotional trauma associated
70	70	with adolescent sexual activity;
71	71	(4) direct adolescents to a standard of behavior in
72	72	which abstinence from sexual activity before marriage is the most
73	73	effective way to prevent pregnancy, sexually transmitted diseases,
74	74	and infection with human immunodeficiency virus or acquired immune
75	75	deficiency syndrome; and
76	76	(5) teach contraception and condom use in terms of
77	77	human use reality rates instead of theoretical laboratory rates, if
78	78	instruction on contraception and condoms is included in curriculum
79	79	content.
80	80	(i) Before each school year, a school district shall provide
81	81	written notice to a parent of each student enrolled in the district
82	82	of the board of trustees' decision regarding whether the district
83	83	will provide human sexuality instruction to district students. If
84	84	instruction will be provided, the notice must include:
85	85	(1) a summary of the basic content of the district's
86	86	human sexuality instruction to be provided to the student,
87	87	including a statement informing the parent of the instructional
88	88	requirements under state law;
89	89	(2) a statement of the parent's right to:
90	90	(A) review curriculum materials as provided by
91	91	Subsection (j); and
92	92	(B) remove the student from any part of the
93	93	district's human sexuality instruction without subjecting the
94	94	student to any disciplinary action, academic penalty, or other
95	95	sanction imposed by the district or the student's school; and
96	96	(3) information describing the opportunities for
97	97	parental involvement in the development of the curriculum to be
98	98	used in human sexuality instruction[, including information
99	99	regarding the local school health advisory council established
100	100	under Subsection (a)].
101	101	(k) A school district shall publish in the student handbook
102	102	and post on the district's Internet website, if the district has an
103	103	Internet website:
104	104	(1) a statement of the policies adopted to ensure that
105	105	elementary school, middle school, and junior high school students
106	106	engage in at least the amount and level of physical activity
107	107	required by Section 28.002(l);
108	108	(2) a statement of:
109	109	(A) [the number of times during the preceding
110	110	year the district's school health advisory council has met;
111	111	[(B)] whether the district has adopted and
112	112	enforces policies to ensure that district campuses comply with
113	113	agency vending machine and food service guidelines for restricting
114	114	student access to vending machines; and
115	115	(B) [(C)] whether the district has adopted and
116	116	enforces policies and procedures that prescribe penalties for the
117	117	use of e-cigarettes, as defined by Section 38.006, and tobacco
118	118	products by students and others on school campuses or at
119	119	school-sponsored or school-related activities; and
120	120	(3) a statement providing notice to parents that they
121	121	can request in writing their child's physical fitness assessment
122	122	results at the end of the school year.
123	123	SECTION 4. The following laws are repealed:
124	124	(1) Sections 28.004(a), (b), (c), (d), (d-1), (l),
125	125	(l-1), (m), and (n), Education Code; and
126	126	(2) Section 12.0029(d), Agriculture Code.
127	127	SECTION 5. This Act takes effect September 1, 2017.