| 1 | 1 | | 85R12460 KKA-D |
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| 2 | 2 | | By: Hall S.B. No. 1068 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to physical fitness assessment of public school students. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 28.004(k), Education Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (k) A school district shall publish in the student handbook |
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| 12 | 12 | | and post on the district's Internet website, if the district has an |
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| 13 | 13 | | Internet website: |
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| 14 | 14 | | (1) a statement of the policies adopted to ensure that |
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| 15 | 15 | | elementary school, middle school, and junior high school students |
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| 16 | 16 | | engage in at least the amount and level of physical activity |
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| 17 | 17 | | required by Section 28.002(l); |
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| 18 | 18 | | (2) a statement of: |
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| 19 | 19 | | (A) the number of times during the preceding year |
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| 20 | 20 | | the district's school health advisory council has met; |
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| 21 | 21 | | (B) whether the district has adopted and enforces |
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| 22 | 22 | | policies to ensure that district campuses comply with agency |
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| 23 | 23 | | vending machine and food service guidelines for restricting student |
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| 24 | 24 | | access to vending machines; and |
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| 25 | 25 | | (C) whether the district has adopted and enforces |
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| 26 | 26 | | policies and procedures that prescribe penalties for the use of |
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| 27 | 27 | | e-cigarettes, as defined by Section 38.006, and tobacco products by |
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| 28 | 28 | | students and others on school campuses or at school-sponsored or |
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| 29 | 29 | | school-related activities; and |
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| 30 | 30 | | (3) a statement providing notice to parents that they |
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| 31 | 31 | | can request in writing their child's physical fitness assessment |
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| 32 | 32 | | results at the end of the school year if assessment was requested |
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| 33 | 33 | | under Section 38.101. |
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| 34 | 34 | | SECTION 2. Section 38.101, Education Code, is amended to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | Sec. 38.101. REQUEST FOR ASSESSMENT [REQUIRED]. At the |
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| 37 | 37 | | request of the student's parent or a person standing in parental |
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| 38 | 38 | | relation to the student [(a) Except as provided by Subsection (b)], |
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| 39 | 39 | | a school district annually shall assess the physical fitness of a |
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| 40 | 40 | | student [students] enrolled in grade three or higher in a course |
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| 41 | 41 | | that satisfies the curriculum requirements for physical education |
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| 42 | 42 | | under Section 28.002(a)(2)(C). |
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| 43 | 43 | | [(b) A school district is not required to assess a student |
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| 44 | 44 | | for whom, as a result of disability or other condition identified by |
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| 45 | 45 | | commissioner rule, the assessment instrument adopted under Section |
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| 46 | 46 | | 38.102 is inappropriate.] |
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| 47 | 47 | | SECTION 3. This Act applies beginning with the 2017-2018 |
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| 48 | 48 | | school year. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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