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78R4333 CAS-D
By: Shapleigh S.B. No. 343
A BILL TO BE ENTITLED
AN ACT
relating to the health of school-age children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Many of today's youth suffer from obesity, which
has reached epidemic proportions. There is a much higher
percentage of children who are overweight than there was 20 years
ago, and many children have increasingly sedentary lifestyles.
Moreover, the number one risk factor for adult obesity is obesity in
adolescence. Poor diet and physical inactivity together account
for an estimated 300,000 deaths each year; only tobacco use causes
more preventable deaths. That reality not only threatens quality
of life but indicates looming health care costs for the state in the
future. Studies show that comprehensive treatment programs have
reduced obesity and prevented the onset of diabetes and that
children who are physically fit perform better academically. The
purpose of this Act is to better use schools to educate our children
concerning obesity, prevent obesity, and raise to the levels of
several other states' standards this state's standards concerning
obesity prevention.
SECTION 2. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.027 to read as follows:
Sec. 7.027. INCENTIVES TO PROVIDE ACCESS TO SCHOOL CAMPUSES
AFTER REGULAR SCHOOL HOURS. (a) The agency shall study incentives
that could be provided to the board of trustees of a school district
to adopt rules under Section 11.165 or to otherwise provide
community access to school campuses after regular school hours for
indoor and outdoor recreational activities. Based on that study,
the agency shall prepare a report recommending incentives.
(b) Not later than November 1, 2004, the agency shall submit
a copy of the report prepared under Subsection (a) to the speaker of
the house of representatives, the lieutenant governor, and the
presiding officer of the standing committees in the house and
senate primarily responsible for public education.
(c) This section expires December 31, 2004.
SECTION 3. (a) Section 28.004, Education Code, is amended
by adding Subsections (d-1) and (k) to read as follows:
(d-1) In accordance with rules adopted by the commissioner,
a school district shall report to the agency concerning the
activities of the local school health education advisory council.
(k) A school district's health education faculty shall
confer with the district's science and physical education faculty,
as directed by the board of trustees of the district, in providing a
comprehensive and coordinated health education curriculum. The
health education curriculum in all grade levels in which health is a
part of the required curriculum must include the study of:
(1) nutrition;
(2) fitness; and
(3) the causes and effects of obesity.
(b) Section 28.004(k), Education Code, as added by
Subsection (a) of this section, applies beginning with the
2004-2005 school year.
SECTION 4. (a) Subchapter A, Chapter 28, Education Code,
is amended by adding Sections 28.008 and 28.009 to read as follows:
Sec. 28.008. PHYSICAL EDUCATION INSTRUCTION. (a) The State
Board of Education, after consulting with educators, parents, and
medical professionals, by rule shall 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 may not require more than 30 minutes of daily
physical activity. The rules must provide for an exemption for a
student who is unable to participate in daily physical activity
because of illness or disability.
(b) Each student enrolled in a middle school or junior high
school shall participate in a physical education program as part of
the curriculum for the student's grade level unless the student is
unable to participate because of illness or disability. The State
Board of Education shall adopt rules for a school district to use in
determining whether a student is unable to participate in a
physical education program under this subsection. A student may
not substitute participation in an extracurricular activity of any
type, including cheerleading or band, for participation in a
physical education program.
(c) The State Board of Education by rule shall ensure that:
(1) each physical education class under Subsection (b)
has a ratio of not less than one teacher for each 40 students in
average daily attendance; and
(2) each student who participates in a physical
education program under Subsection (b) actively engages in the
program's activities and receives individualized instruction to
the extent necessary.
Sec. 28.009. FITNESS ASSESSMENTS; REPORT CARD. (a) The
agency shall adopt or develop physical fitness standards that can
be used by physical education teachers during physical education
class to assess the physical fitness of students in kindergarten
through grade 12.
(b) Each school district shall use the standards to assess
the following three components of a student's physical fitness:
(1) aerobic capacity;
(2) body composition; and
(3) muscle fitness, including strength, endurance,
and flexibility.
(c) The agency, in adopting or developing the standards, and
each school, in administering the standards, as applicable, shall
ensure that:
(1) each standard assesses important aspects of
health-related fitness rather than skill or agility;
(2) a student is not compared to another student;
(3) each student is measured against fitness standards
that have been established for the student's age and sex; and
(4) each student receives an objective, personalized
evaluation and positive reinforcement to enable the student to
change any unhealthy behavior.
(d) Each school shall distribute to each student whose
physical fitness is assessed using standards adopted or developed
under this section a physical fitness report card based on the
results of the assessment. The fitness report card:
(1) must be in the form determined by the board of
trustees of the school district; and
(2) shall be distributed in the same manner and at the
same time as the student's regular report card.
(b) A student enrolled in kindergarten or a grade level
below grade seven in an elementary school setting must participate
in daily physical activity as provided by State Board of Education
rules adopted under Section 28.008(a), Education Code, as added by
Subsection (a) of this section, beginning with the 2003-2004 school
year. A student enrolled in a middle school or junior high school
must participate in a physical education program as provided by
Section 28.008(b), Education Code, as added by Subsection (a) of
this section, and by rules adopted under Section 28.008(b),
beginning with the 2004-2005 school year.
(c) Not later than July 1, 2004, the Texas Education Agency
shall adopt or develop physical fitness standards and the board of
trustees of each school district shall establish the format for a
physical fitness report card as provided by Section 28.009,
Education Code, as added by Subsection (a) of this section. Each
district shall use physical fitness diagnostic standards and
distribute physical fitness report cards as provided by Section
28.009, Education Code, as added by Subsection (a) of this section,
beginning with the 2004-2005 school year.
SECTION 5. (a) Subchapter Z, Chapter 29, Education Code,
is amended by adding Section 29.909 to read as follows:
Sec. 29.909. LONE STAR HEALTHY PLUS SCHOOL
PROGRAMS. (a) In this section, "program" means a Lone Star
Healthy Plus School Program.
(b) A school district may provide a Lone Star Healthy Plus
School Program.
(c) The agency shall adopt a comprehensive list of
objectives relating to the promotion of the health of public school
students, including sufficient physical activity and good
nutrition, that a program must include.
(d) In developing or selecting a program, a school district
shall consult with a committee selected by the district that
consists of:
(1) parents of district students;
(2) educators, including physical education teachers;
(3) health professionals, including doctors, nurses,
dieticians, and physical fitness experts; and
(4) other members of the community.
(e) The agency shall:
(1) maintain a list of programs that school districts
have implemented that include the objectives the agency adopts
under Subsection (c);
(2) based on data reported by districts, annually
designate as a Lone Star Healthy Plus School each school that
provides a program that:
(A) includes the objectives the agency adopts
under Subsection (c); and
(B) is approved by the committee selected under
Subsection (d); and
(3) include in the report required under Section
39.182:
(A) based on data reported by districts, an
evaluation of the impact of the programs on student discipline and
academic achievement; and
(B) other reported data relating to the programs
the agency considers appropriate for inclusion.
(f) The agency may accept money from federal government and
private sources to use in assisting school districts in
implementing programs that include the objectives the agency adopts
under Subsection (c).
(b) Not later than December 31, 2003, the Texas Education
Agency shall develop a list of objectives relating to the promotion
of the health of public school students as required by Section
29.909(c), Education Code, as added by Subsection (a) of this
section.
SECTION 6. Section 38.013(a), Education Code, as added by
Chapter 907, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
(a) The agency, with the assistance of the Obesity
Prevention Coordinating Council, shall make available to each
school district a coordinated health program designed to prevent
obesity, cardiovascular disease, and Type II diabetes in elementary
school students. The program must provide for coordinating:
(1) health education;
(2) physical education and physical activity;
(3) nutrition services; and
(4) parental involvement.
SECTION 7. (a) Subchapter A, Chapter 38, Education Code,
is amended by adding Section 38.017 to read as follows:
Sec. 38.017. FOOD AND BEVERAGES OFFERED FOR SALE IN
SCHOOLS. (a) An elementary school may not offer for sale at the
school or permit another person to offer for sale at the school a
food or beverage other than a food or beverage offered for sale as
part of the regular school meal program authorized under federal
law. The school shall provide an environment that promotes
students' healthful eating habits.
(b) As part of an elementary or secondary school's regular
school meal program, the school shall offer:
(1) healthful entree portions; and
(2) a variety of fruits and vegetables of good
quality.
(c) A secondary school may not offer for sale at the school
or permit another person to offer for sale at the school a snack
food that derives more than 10 percent of its calories from
saturated fat or that contains more than 35 percent sugar or other
added sweetener by weight. The school may not offer for sale or
permit another person to offer for sale at the school soft drinks,
sports drinks, punch, iced tea, or any fruit juice beverage
containing less than 50 percent fruit juice. The school may offer
for sale at the school or permit another person to offer for sale at
the school the following beverages only:
(1) water;
(2) nonfat or low fat milk; or
(3) beverages that contain at least 50 percent fruit
juice and do not contain added sweetener.
(d) The agency shall work in cooperation with the United
States Department of Agriculture to ensure implementation of this
section.
(e) This section does not prohibit an elementary or
secondary school from offering for sale at the school or permitting
another person to offer for sale at the school food or beverages at
a school bake sale, carnival, supper, or similar event held on an
occasional basis.
(b) Section 38.017, Education Code, as added by Subsection
(a) of this section, applies beginning with the 2003-2004 school
year.
SECTION 8. Chapter 38, Education Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. FUNDING FOR SCHOOL NURSES
Sec. 38.101. GRANTS TO EMPLOY SCHOOL NURSES. Subject to
the availability of federal or state appropriated funds, the
commissioner of public health shall administer a program under
which grants are awarded to assist school districts with the costs
of employing school nurses in accordance with this subchapter.
Sec. 38.102. GRANT PROCEDURES. The commissioner of public
health, by rules adopted in accordance with this subchapter, shall
establish procedures for awarding grants. The rules must provide
that grants are awarded to school districts on an annual basis
through a competitive process.
Sec. 38.103. ELIGIBILITY FOR INITIAL GRANT. (a) A school
district is eligible for a grant under this subchapter only if the
district, at the time of initial application for the grant, does not
provide a health care program or health care services through
school nurses or school-based health clinics.
(b) This section does not prohibit the renewal of a grant
awarded under this subchapter.
Sec. 38.104. PARTICIPATION OF OTHER ENTITIES. A school
district may cooperate with a public or private institution of
higher education, clinic or other health care provider, or other
entity to participate in a program to employ a school nurse under
this subchapter. The entity may, in cooperation with the school
district:
(1) apply on behalf of the school district for a grant
under this subchapter;
(2) provide a school nurse or appropriate facilities;
(3) provide matching funds required under Section
38.105 or assist the school district to obtain those funds; or
(4) provide other assistance to the school district to
enable the school district to participate in the program.
Sec. 38.105. PROGRAM REQUIREMENTS. (a) A program to
employ a school nurse funded through a grant awarded under this
subchapter must be designed to:
(1) reduce student absenteeism by means that include
authorizing a school nurse to administer immunizations;
(2) increase a student's ability to meet the student's
academic potential; and
(3) stabilize the physical well-being of a student.
(b) The commissioner of public health shall adopt rules
establishing standards for employment of school nurses funded
through grants that place primary emphasis on delivery of health
services and secondary emphasis on population-based models that
prevent emerging health threats.
Sec. 38.106. MATCHING FUNDS; LIMITATIONS ON GRANTS. (a)
To be eligible to receive a grant, a district must provide matching
funds in accordance with rules adopted under Section 38.102. The
matching funds may be obtained from any source available to the
district, including in-kind contributions, community or foundation
grants, individual contributions, and local governmental agency
operating funds.
(b) A school district may not receive more than $50,000 in a
state fiscal biennium through grants awarded under this subchapter.
Sec. 38.107. SURVEY RELATING TO SERVICES. The commissioner
of public health shall require client surveys to be conducted in
relation to the services of nurses funded through grants awarded
under this subchapter, and the results of those surveys must be
included in the annual report required under Section 38.064.
SECTION 9. (a) Section 39.023(a), Education Code, is
amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
social studies, health, and science. All students, except students
assessed under Subsection (b) or (l) or exempted under Section
39.027, shall be assessed in:
(1) mathematics, annually in grades three through
seven without the aid of technology and in grades eight through 11
with the aid of technology on any assessment instruments that
include algebra;
(2) reading, annually in grades three through nine;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) English language arts, in grade 10;
(5) social studies, in grades eight and 10; [and]
(6) science, in grades five and 10; and
(7) health, annually in grades three through nine.
(b) Not later than December 31, 2003, the State Board of
Education shall adopt rules for the administration of assessment
instruments designed to test essential knowledge and skills in
health education as provided by Section 39.023(a), Education Code,
as amended by Subsection (a) of this section. Beginning with the
2004-2005 school year, the State Board of Education shall
administer assessment instruments in accordance with the rules
adopted under this subsection.
SECTION 10. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0551 to read as follows:
Sec. 61.0551. COORDINATION OF NUTRITION AND PHYSICAL
FITNESS PROGRAMS WITH ELEMENTARY SCHOOLS. (a) The board shall
develop procedures for establishing a partnership or affiliation
between a general academic teaching institution and an elementary
school to coordinate and promote nutrition and physical fitness
programs.
(b) Through a partnership or affiliation established under
Subsection (a), a general academic teaching institution may:
(1) establish a program to place students seeking
degrees in fields involving nutrition or physical fitness, such as
health, dietetics, nutrition, physical education, dance, sport
management, and kinesiology, in an elementary school to obtain
clinical or field experience;
(2) develop a program to provide training to
elementary school teachers or other staff whose teaching curriculum
or other duties involve nutrition or physical fitness; and
(3) test and promote a curriculum or other program
involving nutrition or physical fitness as a pilot program in an
elementary school.
SECTION 11. (a) Subchapter D, Chapter 62, Health and Safety
Code, is amended by adding Section 62.161 to read as follows:
Sec. 62.161. REIMBURSEMENT FOR PREVENTION AND TREATMENT OF
OBESITY. (a) The commission shall periodically examine and
evaluate the degree to which services provided by health care
providers to children relating to prevention and treatment of
obesity are covered under the child health plan.
(b) Based on the results of the examination and evaluation
required by Subsection (a), the commission, to the extent
practicable, shall take all action necessary to promote
availability of services relating to prevention and treatment of
obesity for children under the child health plan, including:
(1) modifying billing codes in a manner that
facilitates coverage for those services; and
(2) seeking additional sources of state and federal
funding for coverage for those services.
(b) Not later than December 1, 2004, the Health and Human
Services Commission shall prepare and submit a report to the
legislature regarding the results of the initial examination and
evaluation required by Section 62.161, Health and Safety Code, as
added by Subsection (a) of this section, and the commission's
actions taken in accordance with the requirements of Section
62.161.
SECTION 12. (a) Subtitle E, Title 2, Health and Safety
Code, is amended by adding Chapter 112 to read as follows:
CHAPTER 112. OBESITY PREVENTION COORDINATING COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 112.001. DEFINITION. In this chapter, "council" means
the Obesity Prevention Coordinating Council.
Sec. 112.002. COUNCIL. The department and the Texas
Education Agency shall jointly establish and support the council.
Sec. 112.003. COMPOSITION; TERMS. (a) The council is
composed of six members who serve staggered two-year terms. Three
members' terms expire February 1 of each year.
(b) The department and the Texas Education Agency shall each
appoint three members to the council. Each member must be
affiliated with a nonprofit or community organization in this state
that is concerned with:
(1) the health of children in this state; or
(2) the prevention or treatment of obesity or of one or
more diseases that are caused or aggravated by obesity.
(c) No two members may be affiliated with the same nonprofit
or community organization of a type described by Subsection (b),
except that members who are affiliated with different local or
regional nonprofit or community organizations of a type described
by Subsection (b) may be affiliated with the same statewide
nonprofit or community organization.
(d) The department and the Texas Education Agency shall make
appointments in a manner that provides for a balanced
representation of the geographic regions of this state.
Sec. 112.004. OFFICERS. The council shall elect one of its
members to serve as presiding officer and another member to serve as
assistant presiding officer. The council may elect other officers
that it considers necessary.
Sec. 112.005. MEETINGS. The council shall meet at least
quarterly and may meet more often at the call of the presiding
officer.
Sec. 112.006. REIMBURSEMENT FOR EXPENSES. A member of the
council is not entitled to compensation but is entitled to
reimbursement for the member's travel expenses as provided by
Chapter 660, Government Code, and the General Appropriations Act.
Sec. 112.007. PERSONNEL AND FACILITIES. The department and
the Texas Education Agency are jointly responsible for the
administration of the council. The department and the education
agency shall adopt a memorandum of understanding that prescribes
the extent to which each agency, using existing staff and
facilities, shall provide the necessary staff and facilities to
assist the council in performing its duties.
Sec. 112.008. APPLICABILITY OF ADVISORY COMMITTEE LAW.
Chapter 2110, Government Code, does not apply to the council.
[Sections 112.009-112.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 112.051. COORDINATION WITH STEERING COMMITTEE;
STRATEGIC PLAN. The council shall coordinate its activities with
the Statewide Obesity Task Force Steering Committee established by
the department. To the extent possible, the council shall ensure
that its activities are consistent with the Strategic Plan for the
Prevention of Obesity in Texas issued by the task force steering
committee.
Sec. 112.052. COORDINATED HEALTH PROGRAM FOR ELEMENTARY
SCHOOL STUDENTS. (a) The council shall assist the Texas Education
Agency in developing and facilitating the implementation of the
coordinated health program for elementary school students under
Sections 38.013 and 38.014, Education Code, as added by Chapter
907, Acts of the 77th Legislature, Regular Session, 2001.
(b) The council shall develop a plan that the department and
the Texas Education Agency shall follow to periodically evaluate
the progress made in implementing the coordinated health program at
all school districts in this state. The plan must involve obtaining
information from the local school health education advisory council
for a school district in a manner that is independent of the means
used to obtain information from the school district.
Sec. 112.053. CAMPAIGNS AND PROGRAMS. The council, working
with other appropriate public and private entities, shall:
(1) develop health promotion campaigns that use
appropriate media to target children, adolescents, and the parents
and other caregivers of children and adolescents;
(2) help establish community-based childhood obesity
prevention programs that involve parents and other caregivers and
that include nutrition education and physical activity programs;
and
(3) develop training programs for medical and other
health professionals.
Sec. 112.054. COORDINATION WITH OTHER GOVERNMENT PROGRAMS.
The council shall assist appropriate federal, state, and local
government agencies to incorporate strategies to prevent or reduce
childhood obesity into government food assistance, health
education, and recreation programs.
Sec. 112.055. CONFERENCES AND RECOMMENDATIONS. The council
shall work with other entities concerned with the prevention of
obesity to sponsor meetings and conferences at which experts in
nutrition, exercise, public health, mental health, education,
parenting, media campaigns, food marketing, food security,
agriculture, community planning, and other relevant disciplines
gather to examine solutions to the problem of childhood obesity and
to propose recommendations for state policy and guidelines for
educators, parents, and other caregivers.
Sec. 112.056. GRANTS. (a) The council may accept gifts,
grants, and donations to accomplish its purposes, including the
making of grants under Subsection (b).
(b) To the extent that state, federal, or private funds are
made available to the council for this purpose, the council may make
grants to appropriate public or private entities for the purpose of
implementing community-based programs to prevent or reduce
childhood obesity that incorporate methods that the council
considers to be efficient and effective. The council shall award
each grant by contract. The contract must:
(1) specify the methods the program will use;
(2) provide that the grant money will be accounted
for; and
(3) provide for inspections or reports that will allow
the council to evaluate the success of the program.
(b) The terms of the initial members of the Obesity
Prevention Coordinating Council established as provided by Chapter
112, Health and Safety Code, as added by Subsection (a) of this
section, shall be determined by lot so that:
(1) three members' terms expire February 1, 2005; and
(2) three members' terms expire February 1, 2006.
SECTION 13. Section 28.002(l), Education Code, as added by
Chapter 907, Acts of the 77th Legislature, Regular Session, 2001,
is repealed.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.