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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of a state program to provide monetary awards |
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to public school districts with extraordinary achievement in |
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children's health. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Education Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. RECOGNIZING EXTRAORDINARY ACHIEVEMENT IN |
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CHILDREN'S HEALTH (REACH) PROGRAM |
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Sec. 38.101. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Agriculture. |
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(2) "Program" means the Recognizing Extraordinary |
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Achievement in Children's Health (REACH) Program. |
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Sec. 38.102. PROGRAM. (a) The Department of Agriculture, |
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as the state agency responsible for administering the United States |
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Department of Agriculture's child nutrition programs, shall |
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administer the Recognizing Extraordinary Achievement in Children's |
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Health Program. |
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(b) The department may consult with the agency, regional |
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education service centers, local school health advisory councils, |
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and other appropriate entities in establishing and administering |
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the program. |
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Sec. 38.103. ELIGIBILITY FOR PARTICIPATION. A school is |
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eligible to participate in the program if the school participates |
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in the national school lunch program established under 42 U.S.C. |
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Section 1751 et seq. or the national school breakfast program |
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provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section |
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1773). |
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Sec. 38.104. MEASURING HEALTH PERFORMANCE. (a) The |
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department shall measure the health performance of each school that |
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participates in the program by using: |
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(1) the school health index developed by the Centers |
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for Disease Control and Prevention of the United States Public |
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Health Service; and |
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(2) any other criteria adopted by the department. |
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(b) The department, in consultation with school health |
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experts, shall determine the minimum health performance score a |
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school must achieve under this section for the school to be eligible |
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for a monetary program award under Section 38.105. |
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(c) In determining a school's health performance score |
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under Subsection (b), the department, as provided by department |
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rule, shall award additional points to a school that has a high |
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percentage of educationally disadvantaged students. |
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(d) A school that achieves the minimum health performance |
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score under Subsection (b) may receive a monetary program award |
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only if sufficient funds are available under Section 38.106. |
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Sec. 38.105. PROGRAM AWARDS. (a) Subject to the |
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availability of funding for the program, the department may provide |
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a school that participates in the program and achieves the minimum |
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health performance score under Section 38.104(b) with a monetary |
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program award. |
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(b) The department by rule shall establish the criteria for |
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determining the amount of money awarded to a school. The criteria |
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must include consideration of the average daily attendance and the |
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grade levels provided at the applicant schools. |
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(c) The department may provide a nonmonetary award to a |
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school as determined by the department. |
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Sec. 38.106. FUNDING. (a) The department may solicit and |
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accept gifts and grants for the benefit of the program. |
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(b) The department shall administer the program using gifts |
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and grants received under Subsection (a) and funds appropriated to |
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the department for program purposes. |
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(c) A school may use the monetary program award as the |
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school determines, but should use a portion of the money to pay for |
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implementing the program or administering new or existing health |
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improvement programs at the school. |
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Sec. 38.107. APPLICATIONS. (a) An eligible school may |
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apply to the department to participate in the program. In applying, |
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the school shall provide the department with: |
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(1) the completed school health index assessment |
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described by Section 38.104(a)(1) for the school; |
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(2) information concerning the average daily |
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attendance of students at the school; |
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(3) a statement of the number of educationally |
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disadvantaged students at the school; and |
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(4) any other information the department requires. |
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(b) Before submitting the application to the department, a |
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school must present the application for verification and approval |
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to the superintendent of the school district in which the school is |
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located or the superintendent's designee or to any other official |
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determined by the department. |
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Sec. 38.108. AGREEMENT. The department shall enter into an |
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agreement with each school that participates in the program before |
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the school receives a monetary program award from the department. |
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The agreement must: |
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(1) specify any recordkeeping requirements for |
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participation in the program; and |
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(2) provide that the department or its designee may |
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audit records required under Subdivision (1) and otherwise monitor |
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compliance with program rules. |
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Sec. 38.109. RULES. The department may adopt rules as |
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necessary to administer this subchapter. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |