81R11663 CAS-D

By: Olivo H.B. No. 4672

A BILL TO BE ENTITLED

AN ACT

relating to reports of a public school student's physical fitness assessment results to the student's parent and efforts to improve the physical fitness of public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 28.004(k), 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 of physical activity required by Section 28.002(l);

(2) a statement of:

(A) the number of times during the preceding year the district's local 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, including guardians and other persons standing in parental relation, that the district is required to provide to them a written copy of [they can request in writing] their child's physical fitness assessment results at the end of the school year if the child does not achieve satisfactory results on the assessment.

SECTION 2. Subchapter C, Chapter 38, Education Code, is amended by adding Section 38.1031 to read as follows:

Sec. 38.1031. REPORTING OF INDIVIDUAL RESULTS. (a) In this section, "parent" includes a guardian or other person standing in parental relation.

(b) At the end of each school year, a school district shall provide a written copy of a student's physical fitness assessment results to the student's parent if the student did not achieve satisfactory results on one or more factors specified under Section 38.102(b)(1).

SECTION 3. Section 38.104, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(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 body composition;

(5) student disciplinary problems; and

(6) [(5)] school meal programs.

(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:

(1) the School Health Advisory Committee established under Section 1001.0711, Health and Safety Code, for use by the committee in:

(A) [(1)] assessing the effectiveness of coordinated health programs provided by school districts in accordance with Section 38.014; and

(B) [(2)] developing recommendations for modifications to coordinated health program requirements or related curriculum; and

(2) the Interagency Obesity Council established under Chapter 114, Health and Safety Code.

(d) The School Health Advisory Committee, in consultation with the Interagency Obesity Council, shall:

(1) based on the information reported under Subsection (c), identify school districts in which there may be high rates of obese or overweight students; and

(2) encourage those districts to expand existing or implement new school-based nutrition and physical activity programs designed to reduce those rates.

SECTION 4. This Act applies beginning with the 2009-2010 school year.

SECTION 5. 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, 2009.