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79R9312 SLO-D

By:  Lucio                                                        S.B. No. 1115



A BILL TO BE ENTITLED

AN ACT

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:

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 
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.