HBA-MPM S.B. 19 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 19
By: Nelson
Public Education
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law does not specify if or how often Texas elementary school
children should participate in physical activity during the school days
whereas current law specifies that physical education classes are required
for students in grades 9 through 12.  Senate Bill 19 authorizes the State
Board of Education to require a student enrolled in grades kindergarten
through six to participate in daily physical activity.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board of Education in SECTION
1 (Section 28.002, Education Code) of this bill. 

ANALYSIS

Senate Bill 19 amends the Education Code to authorize the State Board of
Education (SBOE) by rule to require elementary school students to
participate in daily physical activity as part of a school district's
physical education curriculum.  If SBOE adopts such rules, SBOE must
provide an exemption from daily physical activity for a student who is ill
or disabled.  The bill requires the Texas Education Agency (TEA) to make
available to each school district a coordinated health program designed to
prevent obesity, cardiovascular disease, and Type II diabetes in elementary
school students.  The program must provide for coordinating health
education, physical education and physical activity, nutrition services,
and parental involvement.  TEA is required to notify each district of the
availability of the program. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.