1-1 AN ACT
1-2 relating to health education in public schools and to the
1-3 improvement of children's health through daily physical activity in
1-4 public schools and a coordinated approach by public schools to
1-5 prevent obesity and certain diseases.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 28.002, Education Code, is amended by
1-8 adding Subsection (l) to read as follows:
1-9 (l) The State Board of Education, after consulting with
1-10 educators, parents, and medical professionals, by rule may require
1-11 a student enrolled in kindergarten or a grade level below grade
1-12 seven in an elementary school setting to participate in daily
1-13 physical activity as part of a school district's physical education
1-14 curriculum or through structured activity during a school campus's
1-15 daily recess, except that the board may not require more than 30
1-16 minutes of daily physical activity. If the board adopts rules
1-17 under this subsection, the board must provide for an exemption for
1-18 a student who is unable to participate in daily physical activity
1-19 because of illness or disability.
1-20 SECTION 2. Section 28.004, Education Code, is amended to
1-21 read as follows:
1-22 Sec. 28.004. LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
1-23 AND HEALTH EDUCATION [HUMAN SEXUALITY] INSTRUCTION. (a) The board
1-24 of trustees of each school district shall establish a local school
1-25 health education advisory council to assist the district in
2-1 ensuring that local community values are reflected in the
2-2 district's health education instruction.
2-3 (b) A school district must consider the recommendations of
2-4 the local school health education advisory council before changing
2-5 the district's health education curriculum or instruction.
2-6 (c) The local school health education advisory council's
2-7 duties include recommending:
2-8 (1) the number of hours of instruction to be provided
2-9 in health education;
2-10 (2) health education curriculum appropriate for
2-11 specific grade levels that may include a coordinated health
2-12 education program designed to prevent obesity, cardiovascular
2-13 disease, and Type II diabetes through coordination of:
2-14 (A) health education;
2-15 (B) physical education;
2-16 (C) nutritional services;
2-17 (D) parental involvement; and
2-18 (E) instruction to prevent the use of tobacco;
2-19 and
2-20 (3) appropriate grade levels and methods of
2-21 instruction for human sexuality instruction.
2-22 (d) The board of trustees shall appoint members to the local
2-23 school health education advisory council. A majority of the
2-24 members must be persons who are parents of students enrolled in the
2-25 district and who are not employed by the district. The board of
2-26 trustees also may appoint one or more persons from each of the
3-1 following groups or a representative from a group other than a
3-2 group specified under this subsection:
3-3 (1) public school teachers;
3-4 (2) public school administrators;
3-5 (3) district students;
3-6 (4) health care professionals;
3-7 (5) the business community;
3-8 (6) law enforcement;
3-9 (7) senior citizens;
3-10 (8) the clergy; and
3-11 (9) nonprofit health organizations.
3-12 (e) Any course materials and instruction relating to human
3-13 sexuality, sexually transmitted diseases, or human immunodeficiency
3-14 virus or acquired immune deficiency syndrome shall be selected by
3-15 the board of trustees [of a school district] with the advice of the
3-16 local school health education advisory council [established under
3-17 Subsection (e)] and must:
3-18 (1) present abstinence from sexual activity as the
3-19 preferred choice of behavior in relationship to all sexual activity
3-20 for unmarried persons of school age;
3-21 (2) devote more attention to abstinence from sexual
3-22 activity than to any other behavior;
3-23 (3) emphasize that abstinence from sexual activity, if
3-24 used consistently and correctly, is the only method that is 100
3-25 percent effective in preventing pregnancy, sexually transmitted
3-26 diseases, infection with human immunodeficiency virus or acquired
4-1 immune deficiency syndrome, and the emotional trauma associated
4-2 with adolescent sexual activity;
4-3 (4) direct adolescents to a standard of behavior in
4-4 which abstinence from sexual activity before marriage is the most
4-5 effective way to prevent pregnancy, sexually transmitted diseases,
4-6 and infection with human immunodeficiency virus or acquired immune
4-7 deficiency syndrome; and
4-8 (5) teach contraception and condom use in terms of
4-9 human use reality rates instead of theoretical laboratory rates, if
4-10 instruction on contraception and condoms is included in curriculum
4-11 content.
4-12 (f) [(b)] A school district may not distribute condoms in
4-13 connection with instruction relating to human sexuality.
4-14 (g) [(c)] A school district that provides human sexuality
4-15 instruction may separate students according to sex for
4-16 instructional purposes.
4-17 (h) [(d)] The board of trustees [of a school district] shall
4-18 determine the specific content of the district's instruction in
4-19 human sexuality, in accordance with Subsections (e) [(a)],
4-20 (f) [(b)], and (g) [(c)].
4-21 (i) [A change in health curriculum content or instruction
4-22 may not be made before considering the recommendations of the local
4-23 health education advisory council.]
4-24 [(e) A school district shall establish a local health
4-25 education advisory council to assist the district in ensuring that
4-26 local community values and health issues are reflected in the
5-1 district's human sexuality instruction.]
5-2 [(f) The council's duties include:]
5-3 [(1) recommending appropriate grade levels for human
5-4 sexuality instruction;]
5-5 [(2) recommending the methods of instruction to be
5-6 used by a teacher in human sexuality instruction education; and]
5-7 [(3) recommending the number of hours of instruction
5-8 to be provided in health education.]
5-9 [(g) The council:]
5-10 [(1) must include persons who represent diverse views
5-11 in the community about human sexuality instruction;]
5-12 [(2) must include parents of students enrolled in the
5-13 district as a majority of the council; and]
5-14 [(3) may include teachers, school administrators,
5-15 students, health care professionals, members of the business
5-16 community, law enforcement representatives, senior citizens,
5-17 clergy, or other interested persons.]
5-18 [(h)] A school district shall notify a parent of each
5-19 student enrolled in the district of:
5-20 (1) the basic content of the district's human
5-21 sexuality instruction to be provided to the student; and
5-22 (2) the parent's right to remove the student from any
5-23 part of the district's human sexuality instruction.
5-24 (j) [(i)] A school district shall make all curriculum
5-25 materials used in the district's human sexuality instruction
5-26 available for reasonable public inspection.
6-1 SECTION 3. Chapter 38, Education Code, is amended by adding
6-2 Sections 38.013 and 38.014 to read as follows:
6-3 Sec. 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY
6-4 SCHOOL STUDENTS. (a) The agency shall make available to each
6-5 school district a coordinated health program designed to prevent
6-6 obesity, cardiovascular disease, and Type II diabetes in elementary
6-7 school students. The program must provide for coordinating:
6-8 (1) health education;
6-9 (2) physical education and physical activity;
6-10 (3) nutrition services; and
6-11 (4) parental involvement.
6-12 (b) The agency shall notify each school district of the
6-13 availability of the program.
6-14 Sec. 38.014. IMPLEMENTATION OF COORDINATED HEALTH PROGRAM
6-15 FOR ELEMENTARY SCHOOL STUDENTS. (a) Each school district shall:
6-16 (1) participate in appropriate training for the
6-17 implementation of the program approved by the agency under Section
6-18 38.013; and
6-19 (2) implement the program in each elementary school in
6-20 the district.
6-21 (b) The agency, in cooperation with the Texas Department of
6-22 Health, shall adopt a schedule for regional education service
6-23 centers to provide necessary training under this section.
6-24 SECTION 4. This Act applies beginning with the 2001-2002
6-25 school year.
6-26 SECTION 5. Not later than September 1, 2007, each school
7-1 district must participate in the training required by Section
7-2 38.014, Education Code, as added by this Act.
7-3 SECTION 6. This Act takes effect immediately if it receives
7-4 a vote of two-thirds of all the members elected to each house, as
7-5 provided by Section 39, Article III, Texas Constitution. If this
7-6 Act does not receive the vote necessary for immediate effect, this
7-7 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 19 passed the Senate on
April 11, 2001, by the following vote: Yeas 29, Nays 0, one
present not voting; and that the Senate concurred in House
amendments on May 26, 2001, by the following vote: Yeas 30,
Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 19 passed the House, with
amendments, on May 23, 2001, by the following vote: Yeas 142,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor