79R1252 ESH-D

By:  Van de Putte                                                 S.B. No. 205



A BILL TO BE ENTITLED

AN ACT

relating to inclusion of a public school student's body mass index 
in the student's grade report card.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 38, Education Code, is 
amended by adding Section 38.022 to read as follows:
	Sec. 38.022.  INCLUSION OF BODY MASS INDEX IN NOTICE OF 
STUDENT'S PERFORMANCE.  (a)  The written notice of a student's 
performance a school district gives as required by Section 
28.022(a)(2) must also include a statement of:
		(1)  the student's body mass index; and                                
		(2)  whether the student's body mass index is below, 
within, or above the normal range according to a body mass index 
value table approved for use by the district's local school health 
advisory council.
	(b)  A school district shall weigh each student and compute 
the student's body mass index in a manner designed to respect the 
student's privacy.
	(c)  If a school district determines that a student's body 
mass index is above the normal range, the district shall provide the 
student's parent with written information approved by the 
district's local school health advisory council that explains the 
connection between a body mass index that is above the normal range 
and obesity, diabetes, and other health problems.
	SECTION 2.  The heading to Section 28.022, Education Code, 
is amended to read as follows:
	Sec. 28.022.  NOTICE TO PARENT OF STUDENT [UNSATISFACTORY] 
PERFORMANCE AND ADDITIONAL INFORMATION.
	SECTION 3.  Section 28.022, Education Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  The notice required under Subsection (a)(2) must 
include the information required by Section 38.022(a).
	SECTION 4.  Section 28.022, Education Code, as amended by 
this Act, and Section 38.022, Education Code, as added by this Act, 
apply beginning with the 2005-2006 school year.
	SECTION 5.  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, 2005.