Texas 2019 86th Regular

Texas House Bill HB128 Engrossed / Bill

Filed 04/16/2019

                    By: Hinojosa, Lucio III, Lozano, Thierry, H.B. No. 128
 Phelan, et al.


 A BILL TO BE ENTITLED
 AN ACT
 relating to school district notification to a parent or guardian of
 physical fitness assessment results of the parent's or guardian's
 child.
 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 the
 school district will provide a parent or guardian with a copy of the
 results of the [they can request in writing their child's] physical
 fitness assessment of the parent's or guardian's child [results] at
 the end of the school year.
 SECTION 2.  Section 38.103, Education Code, is amended by
 adding Subsection (a-1) to read as follows:
 (a-1)  Not later than the last day of the school year, a
 school district shall provide a parent or guardian with a copy of
 the results of the physical fitness assessment of the parent's or
 guardian's child.  The results provided to a parent or guardian
 under this subsection must be clear, precise, and easy to
 understand.
 SECTION 3.  This Act applies beginning with the 2019-2020
 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, 2019.