1 | 1 | | 85R12448 SRS-D |
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2 | 2 | | By: Hall S.B. No. 1310 |
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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 elimination of the requirement that a school district |
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8 | 8 | | establish a local school health advisory council. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 11.253(d), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (d) Each campus improvement plan must: |
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13 | 13 | | (1) assess the academic achievement for each student |
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14 | 14 | | in the school using the achievement indicator system as described |
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15 | 15 | | by Section 39.053; |
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16 | 16 | | (2) set the campus performance objectives based on the |
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17 | 17 | | achievement indicator system, including objectives for special |
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18 | 18 | | needs populations, including students in special education |
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19 | 19 | | programs under Subchapter A, Chapter 29; |
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20 | 20 | | (3) identify how the campus goals will be met for each |
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21 | 21 | | student; |
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22 | 22 | | (4) determine the resources needed to implement the |
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23 | 23 | | plan; |
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24 | 24 | | (5) identify staff needed to implement the plan; |
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25 | 25 | | (6) set timelines for reaching the goals; |
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26 | 26 | | (7) measure progress toward the performance |
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27 | 27 | | objectives periodically to ensure that the plan is resulting in |
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28 | 28 | | academic improvement; |
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29 | 29 | | (8) include goals and methods for violence prevention |
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30 | 30 | | and intervention on campus; |
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31 | 31 | | (9) provide for a program to encourage parental |
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32 | 32 | | involvement at the campus; and |
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33 | 33 | | (10) if the campus is an elementary, middle, or junior |
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34 | 34 | | high school, set goals and objectives for the coordinated health |
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35 | 35 | | program at the campus based on: |
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36 | 36 | | (A) student fitness assessment data, including |
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37 | 37 | | any data from research-based assessments such as the school health |
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38 | 38 | | index assessment and planning tool created by the federal Centers |
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39 | 39 | | for Disease Control and Prevention; |
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40 | 40 | | (B) student academic performance data; |
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41 | 41 | | (C) student attendance rates; |
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42 | 42 | | (D) the percentage of students who are |
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43 | 43 | | educationally disadvantaged; and |
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44 | 44 | | (E) the use and success of any method to ensure |
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45 | 45 | | that students participate in moderate to vigorous physical activity |
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46 | 46 | | as required by Section 28.002(l)[; and |
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47 | 47 | | [(F) any other indicator recommended by the local |
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48 | 48 | | school health advisory council]. |
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49 | 49 | | SECTION 2. The heading to Section 28.004, Education Code, |
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50 | 50 | | is amended to read as follows: |
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51 | 51 | | Sec. 28.004. [LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND] |
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52 | 52 | | HEALTH EDUCATION INSTRUCTION. |
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53 | 53 | | SECTION 3. Sections 28.004(e), (i), and (k), Education |
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54 | 54 | | Code, are amended to read as follows: |
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55 | 55 | | (e) Any course materials and instruction relating to human |
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56 | 56 | | sexuality, sexually transmitted diseases, or human |
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57 | 57 | | immunodeficiency virus or acquired immune deficiency syndrome |
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58 | 58 | | shall be selected by the board of trustees [with the advice of the |
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59 | 59 | | local school health advisory council] and must: |
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60 | 60 | | (1) present abstinence from sexual activity as the |
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61 | 61 | | preferred choice of behavior in relationship to all sexual activity |
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62 | 62 | | for unmarried persons of school age; |
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63 | 63 | | (2) devote more attention to abstinence from sexual |
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64 | 64 | | activity than to any other behavior; |
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65 | 65 | | (3) emphasize that abstinence from sexual activity, if |
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66 | 66 | | used consistently and correctly, is the only method that is 100 |
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67 | 67 | | percent effective in preventing pregnancy, sexually transmitted |
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68 | 68 | | diseases, infection with human immunodeficiency virus or acquired |
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69 | 69 | | immune deficiency syndrome, and the emotional trauma associated |
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70 | 70 | | with adolescent sexual activity; |
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71 | 71 | | (4) direct adolescents to a standard of behavior in |
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72 | 72 | | which abstinence from sexual activity before marriage is the most |
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73 | 73 | | effective way to prevent pregnancy, sexually transmitted diseases, |
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74 | 74 | | and infection with human immunodeficiency virus or acquired immune |
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75 | 75 | | deficiency syndrome; and |
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76 | 76 | | (5) teach contraception and condom use in terms of |
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77 | 77 | | human use reality rates instead of theoretical laboratory rates, if |
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78 | 78 | | instruction on contraception and condoms is included in curriculum |
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79 | 79 | | content. |
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80 | 80 | | (i) Before each school year, a school district shall provide |
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81 | 81 | | written notice to a parent of each student enrolled in the district |
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82 | 82 | | of the board of trustees' decision regarding whether the district |
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83 | 83 | | will provide human sexuality instruction to district students. If |
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84 | 84 | | instruction will be provided, the notice must include: |
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85 | 85 | | (1) a summary of the basic content of the district's |
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86 | 86 | | human sexuality instruction to be provided to the student, |
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87 | 87 | | including a statement informing the parent of the instructional |
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88 | 88 | | requirements under state law; |
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89 | 89 | | (2) a statement of the parent's right to: |
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90 | 90 | | (A) review curriculum materials as provided by |
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91 | 91 | | Subsection (j); and |
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92 | 92 | | (B) remove the student from any part of the |
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93 | 93 | | district's human sexuality instruction without subjecting the |
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94 | 94 | | student to any disciplinary action, academic penalty, or other |
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95 | 95 | | sanction imposed by the district or the student's school; and |
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96 | 96 | | (3) information describing the opportunities for |
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97 | 97 | | parental involvement in the development of the curriculum to be |
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98 | 98 | | used in human sexuality instruction[, including information |
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99 | 99 | | regarding the local school health advisory council established |
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100 | 100 | | under Subsection (a)]. |
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101 | 101 | | (k) A school district shall publish in the student handbook |
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102 | 102 | | and post on the district's Internet website, if the district has an |
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103 | 103 | | Internet website: |
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104 | 104 | | (1) a statement of the policies adopted to ensure that |
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105 | 105 | | elementary school, middle school, and junior high school students |
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106 | 106 | | engage in at least the amount and level of physical activity |
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107 | 107 | | required by Section 28.002(l); |
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108 | 108 | | (2) a statement of: |
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109 | 109 | | (A) [the number of times during the preceding |
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110 | 110 | | year the district's school health advisory council has met; |
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111 | 111 | | [(B)] whether the district has adopted and |
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112 | 112 | | enforces policies to ensure that district campuses comply with |
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113 | 113 | | agency vending machine and food service guidelines for restricting |
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114 | 114 | | student access to vending machines; and |
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115 | 115 | | (B) [(C)] whether the district has adopted and |
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116 | 116 | | enforces policies and procedures that prescribe penalties for the |
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117 | 117 | | use of e-cigarettes, as defined by Section 38.006, and tobacco |
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118 | 118 | | products by students and others on school campuses or at |
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119 | 119 | | school-sponsored or school-related activities; and |
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120 | 120 | | (3) a statement providing notice to parents that they |
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121 | 121 | | can request in writing their child's physical fitness assessment |
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122 | 122 | | results at the end of the school year. |
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123 | 123 | | SECTION 4. The following laws are repealed: |
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124 | 124 | | (1) Sections 28.004(a), (b), (c), (d), (d-1), (l), |
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125 | 125 | | (l-1), (m), and (n), Education Code; and |
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126 | 126 | | (2) Section 12.0029(d), Agriculture Code. |
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127 | 127 | | SECTION 5. This Act takes effect September 1, 2017. |
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