SRC-JEC S.B. 19 77(R)BILL ANALYSIS


Senate Research CenterS.B. 19
By: Nelson
Education
6/25/2001
Enrolled


DIGEST AND PURPOSE 

Current law is silent on how often a Texas school child should participate
in physical activity during the school day.  Physical education (PE)
classes are required only for grades 9-12.  S.B. 19 authorizes the State
Board of Education to require a student enrolled in grades kindergarten
through six to participate in daily physical activity.  It also requires
the Texas Education Agency to make available to each school district a
coordinated health program. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Education
in SECTION 1 (Section 28.002, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.002, Education Code, by adding Subsection (l)
to authorize the State Board of Education (board), after consulting with
educators, parents, and medical professionals, by rule to require a student
enrolled in kindergarten or a grade level below grade seven in an
elementary school setting to participate in daily physical activity as part
of a school district's physical education curriculum or through structured
activity during a school campus's daily recess, except that the board is
prohibited from requiring more than 30 minutes of daily physical activity.
Requires the board, if it adopts rules under this subsection, to provide
for an exemption for a student who is unable to participate in daily
physical activity because of illness or disability. 

SECTION 2.  Amends Section 28.004, Education Code, as follows:

Sec. 28.004.  New heading: LOCAL SCHOOL EDUCATION ADVISORY COUNCIL AND
HEALTH EDUCATION INSTRUCTION.  (a) Requires the board of trustees of each
school district to establish a local school health education advisory
council to assist the district in ensuring that local community values are
reflected in the district's health education instruction. 

(b) Requires a school district to consider the recommendations of the local
school health education advisory council before changing the district's
health education curriculum or instruction. 

(c) Sets forth recommendations which are included in the duties of the
local school health education advisory council. 

(d) Requires the local board of trustees to appoint members to the local
school health advisory council.  Requires a majority of the members to be
persons who are parents of students enrolled in the district and who are
not employed by the district.  Authorizes the local board to also appoint
one or more persons from each of certain groups including teachers and law
enforcement. 

  (e) Makes conforming changes.
 
  (h) Makes conforming changes.
  (i) Deletes text regarding the local health education advisory council.

SECTION 3.  Amends Chapter 38, Education Code, by adding Sections 38.013
and 38.014, as follows: 

Sec. 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY SCHOOL STUDENTS. (a)
Requires the Texas Education Agency (agency) 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.
Requires the program to provide for coordinating certain elements.   

(b) Requires the agency to notify each school district of the availability
of the program. 

Sec. 38.014.  IMPLEMENTATION OF COORDINATED HEALTH PROGRAM FOR ELEMENTARY
SCHOOL STUDENTS.  (a) Requires each school district to participate in
appropriate training for the implementation of the program approved by the
agency under Section 38.013 and implement the program in each elementary
school in the district. 

(b) Requires the agency, in cooperation with the Texas Department of
Health, to adopt a schedule for regional education service centers to
provide necessary training under this section. 

SECTION 4.  Makes application of this Act effective with the 2001-2002
school year. 

SECTION 5.  Requires each school district to participate in the training
required by Section 38.014, Education Code, as added by this Act, not later
than September 1, 2007. 

SECTION 6. Effective date: upon passage or September 1, 2001.