79R9312 SLO-D

By:  Lucio                                                        S.B. No. 1115

relating to a health performance incentive program in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 38, Education Code, is amended by adding Subchapter C to read as follows:
Sec. 38.101. DEFINITIONS. In this subchapter: (1) "Department" means the Department of Agriculture. (2) "Program" means the Recognizing Extraordinary Achievement in Children's Health (REACH) Program. Sec. 38.102. PROGRAM. (a) The Department of Agriculture, as the state agency responsible for administering the United States Department of Agriculture's child nutrition programs, shall administer the Recognizing Extraordinary Achievement in Children's Health Program. (b) The department may consult with the agency, regional education service centers, local school health advisory councils, and other appropriate entities in establishing and administering the program. Sec. 38.103. ELIGIBILITY FOR PARTICIPATION. A school is eligible to participate in the program if the school participates in the national school lunch program established under 42 U.S.C. Section 1751 et seq. or the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773). Sec. 38.104. MEASURING HEALTH PERFORMANCE. (a) The department shall measure the health performance of each school that participates in the program by using: (1) the school health index developed by the Centers for Disease Control and Prevention of the United States Public Health Service; and (2) any other criteria adopted by the department. (b) The department, in consultation with school health experts, shall determine the minimum health performance score a school must achieve under this section for the school to be eligible for a monetary program award under Section 38.105. (c) In determining a school's health performance score under Subsection (b), the department, as provided by department rule, shall award additional points to a school that has a high percentage of educationally disadvantaged students. (d) A school that achieves the minimum health performance score under Subsection (b) may receive a monetary program award only if sufficient funds are available under Section 38.106. Sec. 38.105. PROGRAM AWARDS. (a) Subject to the availability of funding for the program, the department may provide a school that participates in the program and achieves the minimum health performance score under Section 38.104(b) with a monetary program award. (b) The department by rule shall establish the criteria for determining the amount of money awarded to a school. The criteria must include consideration of the average daily attendance and the grade levels provided at the applicant schools. (c) The department may provide a nonmonetary award to a school as determined by the department. Sec. 38.106. FUNDING. (a) The department may solicit and accept gifts and grants for the benefit of the program. (b) The department shall administer the program using gifts and grants received under Subsection (a) and funds appropriated to the department for program purposes. (c) A school may use the monetary program award as determined by the school, but should use a portion of the money to pay for implementing the program or other health improvement programs at the school. Sec. 38.107. APPLICATIONS. (a) An eligible school may apply to the department to participate in the program. In applying, the school shall provide the department with: (1) the completed school health index assessment described by Section 38.104(a)(1) for the school; (2) information concerning the average daily attendance of students at the school; (3) a statement of the number of educationally disadvantaged students at the school; and (4) any other information the department requires. (b) Before submitting the application to the department, a school must present the application for verification and approval to the superintendent of the school district in which the school is located or the superintendent's designee or to any other official determined by the department. Sec. 38.108. AGREEMENT. The department shall enter into an agreement with each school that participates in the program before the school receives a monetary program award from the department. The agreement must: (1) specify any recordkeeping requirements for participation in the program; and (2) provide that the department or its designee may audit records required under Subdivision (1) and otherwise monitor compliance with program rules. Sec. 38.109. RULES. The department may adopt rules as necessary to administer this subchapter. SECTION 2. This Act applies beginning with the 2005-2006 school year. SECTION 3. 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.