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


Senate Research Center   S.B. 19
By: Nelson
Education
3/26/2001
As Filed


DIGEST AND PURPOSE 

Current law is silent on how often a Texas school child must participate in
physical activity during the school day.  Physical education (PE) classes
are required only for grades 9-12.  As proposed, S.B. 19 requires students
at every level to participate in PE classes.  It also requires the Texas
Education Agency to make available to each school district a coordinated
health program and to provide technical assistance in the program
implementation. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.002, Education Code, to require that a school
district's enrichment curriculum include physical education provided in a
manner that complies with Section 28.007. Requires the State Board of
Education  (board) to designate subjects to ensure that a district is able
to comply with Section 28.007.  Prohibits the board from adopting rules
designating the methodology used by a teacher or the time spent by a
teacher or a student on a particular task or subject except as provided by
Section 28.007. 

SECTION 2.  Amends Chapter 28A, Education Code, by adding Section 28.007,
as follows: 

Sec. 28.007.  PHYSICAL EDUCATION AND DAILY PHYSICAL ACTIVITY.  (a) Requires
a school district to require a student enrolled in prekindergarten,
kindergarten, or a grade level below grade nine to participate in daily
physical activity as part of the district's physical education curriculum.  

(b) Requires the daily physical activity required by this section to
involve physical exertion of an intensity and for a duration sufficient to
provide a significant health benefit to a student.   

(c) Authorizes the board, in implementing this section, to prescribe a
specific amount of time a student at each grade level is required to spend
in daily physical activity. 

(d)  Authorizes a school district to exempt from participation in the daily
physical activity required by this section a student who is unable to
participate because of illness or disability. 

SECTION 3. Amends Chapter 38, Education Code, by adding Section 38.014, as
follows: 

Sec. 38.014. 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 certain elements.   
 
(b) Requires the agency to notify each school district of the availability
of the program and provide technical assistance in implementing the
program. 

SECTION 4. Effective date: upon passage.
           Makes application of this Act effective with the 2001-2002
school year.