By:  Nelson                                             S.B. No. 19
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the improvement of children's health through daily
 1-3     physical activity in public schools and a coordinated approach by
 1-4     public schools to prevent obesity and certain diseases.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 28.002(a), (b), and (i), Education Code,
 1-7     are amended to read as follows:
 1-8           (a)  Each school district that offers kindergarten through
 1-9     grade 12 shall offer, as a required curriculum:
1-10                 (1)  a foundation curriculum that includes:
1-11                       (A)  English language arts;
1-12                       (B)  mathematics;
1-13                       (C)  science; and
1-14                       (D)  social studies, consisting of Texas, United
1-15     States, and world history, government, and geography; and
1-16                 (2)  an enrichment curriculum that includes:
1-17                       (A)  to the extent possible, languages other than
1-18     English;
1-19                       (B)  health;
1-20                       (C)  physical education, provided in a manner
1-21     that complies with Section 28.007;
1-22                       (D)  fine arts;
1-23                       (E)  economics, with emphasis on the free
 2-1     enterprise system and its benefits;
 2-2                       (F)  career and technology education; and
 2-3                       (G)  technology applications.
 2-4           (b)  The State Board of Education by rule shall designate
 2-5     subjects constituting a well-balanced curriculum to be offered by a
 2-6     school district that does not offer kindergarten through grade 12.
 2-7     The board shall designate subjects to ensure that a district is
 2-8     able to comply with Section 28.007.
 2-9           (i)  The State Board of Education shall adopt rules for the
2-10     implementation of this subchapter.  Except as provided by
2-11     Subsection (j) and Section 28.007, the board may not adopt rules
2-12     that designate the methodology used by a teacher or the time spent
2-13     by a teacher or a student on a particular task or subject.
2-14           SECTION 2.  Subchapter A, Chapter 28, Education Code, is
2-15     amended by adding Section 28.007 to read as follows:
2-16           Sec. 28.007.  PHYSICAL EDUCATION AND DAILY PHYSICAL ACTIVITY.
2-17     (a)  A school district shall require a student enrolled in
2-18     prekindergarten, kindergarten, or a grade level below grade nine to
2-19     participate in daily physical activity as part of the district's
2-20     physical education curriculum.
2-21           (b)  The daily physical activity required by this section
2-22     must involve physical exertion of an intensity and for a duration
2-23     sufficient to provide a significant health benefit to a student.
2-24           (c)  In implementing this section, the State Board of
2-25     Education may prescribe a specific amount of time a student at each
2-26     grade level is required to spend in daily physical activity.
 3-1           (d)  A school district may exempt from participation in the
 3-2     daily physical activity required by this section a student who is
 3-3     unable to participate because of illness or disability.
 3-4           SECTION 3.  Chapter 38, Education Code, is amended by adding
 3-5     Section 38.014 to read as follows:
 3-6           Sec. 38.014.  COORDINATED HEALTH PROGRAM FOR ELEMENTARY
 3-7     SCHOOL STUDENTS.  (a)  The agency shall make available to each
 3-8     school district a coordinated health program, such as the
 3-9     Coordinated Approach to Child Health program (CATCH), designed to
3-10     prevent obesity, cardiovascular disease, and Type II diabetes in
3-11     elementary school students.  The program must provide for
3-12     coordinating:
3-13                 (1)  health education;
3-14                 (2)  physical education;
3-15                 (3)  nutrition services; and
3-16                 (4)  parental involvement.
3-17           (b)  The agency shall notify each school district of the
3-18     availability of the program and provide technical assistance in
3-19     implementing the program.
3-20           SECTION 4.  This Act takes effect immediately and applies
3-21     beginning with the 2001-2002 school year.