85R12460 KKA-D
By: Hall S.B. No. 1068
A BILL TO BE ENTITLED
AN ACT
relating to physical fitness assessment of public school students.
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
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 if assessment was requested
under Section 38.101.
SECTION 2. Section 38.101, Education Code, is amended to
read as follows:
Sec. 38.101. REQUEST FOR ASSESSMENT [REQUIRED]. At the
request of the student's parent or a person standing in parental
relation to the student [(a) Except as provided by Subsection (b)],
a school district annually shall assess the physical fitness of a
student [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) 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. This Act applies beginning with the 2017-2018
school year.
SECTION 4. 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, 2017.