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


Senate Research CenterC.S.S.B. 19
77R11255 KKA-DBy:  Nelson
Education
3/28/2001
Committee Report (Substituted)


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.  C.S.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) 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.  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 Chapter 38, Education Code, by adding Section 38.013, 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. 

SECTION 3.  Makes application of this Act effective with the 2001-2002
school year. 

SECTION 4. Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by:

_adding a subsection to Section 28.002, Education Code, and omitting
previously proposed amendments to other subsections;  

_omitting the previously proposed addition of Section 28.007, Education
Code, in SECTION 2, and renumbering SECTION 3 as SECTION 2; 
 
_changing the section added by SECTION 2 from Section 38.014 to 38.013,
removing an example, including physical activity with physical education in
the list of elements for which the program is required to provide, and
removing the requirement that the agency provide technical assistance in
implementing the program; and 

_numbering the application date as SECTION 3 and clarifying the effective
date in SECTION 4.