By: Lucio S.B. No. 1115
A BILL TO BE ENTITLED
relating to a health performance incentive program in public
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:
SUBCHAPTER C. RECOGNIZING EXTRAORDINARY ACHIEVEMENT IN
CHILDREN'S HEALTH (REACH) PROGRAM
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
(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
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
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
(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
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.