By: Nelson, et al. S.B. No. 530
relating to physical activity requirements and physical fitness
assessment for certain public school students.
       SECTION 1.  Subsections (l) and (l-1), Section 28.002,
Education Code, are amended to read as follows:
       (l)  A school district shall [The State Board of Education,
after consulting with educators, parents, and medical
professionals, by rule may] require a student enrolled in
kindergarten or a grade level below grade nine to participate in
moderate or vigorous daily physical activity for at least 30
minutes as part of a school district's physical education
curriculum [or through structured activity during a school campus's
daily recess, except that the board may not require more than 30
minutes of daily physical activity].  If a school district
determines, for any particular grade level, that requiring moderate
or vigorous daily physical activity is impractical due to
scheduling concerns or other factors, the district may as an
alternative require a student in that grade level to participate in
moderate or vigorous physical activity for at least 135 minutes
during each school week [the board adopts rules under this
subsection, the board must ensure by rule that students enrolled in
middle and junior high school settings are allowed to meet the
physical activity requirement by participating in physical
activity twice each week throughout the school year or the option to
schedule at least two semesters overall]. Additionally, a school
district may as an alternative require a student enrolled in a grade
level for which the district uses block scheduling to participate
in moderate or vigorous physical activity for at least 225 minutes
during each period of two school weeks.  A school district [If the
board adopts rules under this subsection, the board] must provide
for an exemption for:
             (1)  any student who is unable to participate in the
required [daily] physical activity because of illness or
disability; and
             (2)  a middle school or junior high school student who
participates in an extracurricular activity with a moderate or
vigorous physical activity component that is considered a
structured activity under rules adopted by the commissioner [State
Board of Education].
       (l-1)  In adopting rules relating to an activity described by
Subsection (l)(2), the commissioner [State Board of Education] may
permit an exemption for a student who participates in a
school-related activity or an activity sponsored by a private
league or club only if the student provides proof of participation
in the activity.
       SECTION 2.  Subsection (k), Section 28.004, Education Code,
is amended to read as follows:
       (k)  A school district shall publish in the student handbook
and post on the district's Internet website, if the district has an
Internet website:
             (1)  a statement of the policies adopted to ensure that
elementary school, middle school, and junior high school students
engage in at least the amount and level [30 minutes per school day
or 135 minutes per school week] of physical activity required by
Section 28.002(l); [and]
             (2)  a statement of:
                   (A)  the number of times during the preceding year
the district's school health advisory council has met;
                   (B)  whether the district has adopted and enforces
policies to ensure that district campuses comply with agency
vending machine and food service guidelines for restricting student
access to vending machines; and
                   (C)  whether the district has adopted and enforces
policies and procedures that prescribe penalties for the use of
tobacco products by students and others on school campuses or at
school-sponsored or school-related activities; and
             (3)  a statement providing notice to parents that they
can request in writing their child's physical fitness assessment
results at the end of the school year.
       SECTION 3.  Chapter 38, Education Code, is amended by adding
Subchapter C to read as follows:
       Sec. 38.101.  ASSESSMENT REQUIRED. (a)  Except as provided
by Subsection (b), a school district annually shall assess the
physical fitness of students enrolled in kindergarten through grade
       (b)  A school district is not required to assess a student
for whom, as a result of disability or other condition identified by
commissioner rule, the assessment instrument adopted under Section
38.102 is inappropriate.
       Sec. 38.102.  ADOPTION OF ASSESSMENT INSTRUMENT. (a)  The
commissioner by rule shall adopt an assessment instrument to be
used by a school district in assessing student physical fitness
under this subchapter.
       (b)  The assessment instrument must:
             (1)  be based on factors related to student health,
including the following factors that have been identified as
essential to overall health and function:
                   (A)  aerobic capacity;
                   (B)  body composition; and
                   (C)  muscular strength, endurance, and
flexibility; and
             (2)  include criterion-referenced standards specific
to a student's age and gender and based on the physical fitness
level required for good health.
       Sec. 38.103.  REPORTING OF SUMMARY RESULTS. (a)  A school
district shall compile the results of the physical fitness
assessment required by this subchapter and provide summary results,
aggregated by grade level and any other appropriate category
identified by commissioner rule, to the agency. The summary
results may not contain the names of individual students or
       (b)  The results of individual student performance on the
physical fitness assessment instrument are confidential and may be
released only in accordance with state and federal law.
       Sec. 38.104.  ANALYSIS OF RESULTS. (a)  The agency shall
analyze the results received by the agency under this subchapter
and identify, for each school district, any correlation between the
results and the following:
             (1)  student academic achievement levels;
             (2)  student attendance levels;
             (3)  student obesity;
             (4)  student disciplinary problems; and
             (5)  school meal programs.
       (b)  The agency may contract with a public or private entity
for that entity to conduct all or part of the analysis required by
Subsection (a).
       (c)  Not later than September 1 of each year, the agency
shall report the findings of the analysis under this section of the
results obtained during the preceding school year to the School
Health Advisory Committee established under Section 1001.0711,
Health and Safety Code, for use by the committee in:
             (1)  assessing the effectiveness of coordinated health
programs provided by school districts in accordance with Section
38.014; and
             (2)  developing recommendations for modifications to
coordinated health program requirements or related curriculum.
       Sec. 38.105.  DONATIONS. The agency and each school
district may accept donations made to facilitate implementation of
this subchapter.
       Sec. 38.106.  RULES. The commissioner shall adopt rules
necessary to implement this subchapter.
       SECTION 4.  The commissioner of education shall adopt the
physical fitness assessment instrument required under Subchapter
C, Chapter 38, Education Code, as added by this Act, and rules
necessary to implement that subchapter not later than the date that
enables the instrument to be used by school districts during the
2007-2008 school year.
       SECTION 5.  Notwithstanding Section 11, Chapter 784, Acts of
the 79th Legislature, Regular Session, 2005, Section 38.014,
Education Code, as amended by that Act, applies beginning with the
2007-2008 school year.
       SECTION 6.  Subsection (l), Section 28.002, Education Code,
as amended by this Act, applies to students enrolled in
kindergarten or a grade level below grade six beginning with the
2007-2008 school year and to students enrolled in grade levels six
through eight beginning with the 2008-2009 school year.
       SECTION 7.  Except as otherwise provided by this Act, this
Act applies beginning with the 2007-2008 school year.  This Act
shall apply to junior high or middle schools only upon adoption of a
coordinated school health program for these grades by the Texas
Education Agency.
       SECTION 8.  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, 2007.