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A BILL TO BE ENTITLED
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AN ACT
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relating to reports of a public school student's physical fitness |
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assessment results to the student's parent and efforts to improve |
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the physical fitness of public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004(k), Education Code, is amended to |
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read as follows: |
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(k) A school district shall publish in the student handbook |
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and post on the district's Internet website, if the district has an |
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Internet website: |
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(1) a statement of the policies adopted to ensure that |
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elementary school, middle school, and junior high school students |
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engage in at least the amount and level of physical activity |
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required by Section 28.002(l); |
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(2) a statement of: |
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(A) the number of times during the preceding year |
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the district's local school health advisory council has met; |
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(B) whether the district has adopted and enforces |
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policies to ensure that district campuses comply with agency |
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vending machine and food service guidelines for restricting student |
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access to vending machines; and |
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(C) whether the district has adopted and enforces |
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policies and procedures that prescribe penalties for the use of |
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tobacco products by students and others on school campuses or at |
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school-sponsored or school-related activities; and |
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(3) a statement providing notice to parents, including |
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guardians and other persons standing in parental relation, that the |
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district is required to provide to them a written copy of [they can
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request in writing] their child's physical fitness assessment |
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results at the end of the school year if the child does not achieve |
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satisfactory results on the assessment. |
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SECTION 2. Subchapter C, Chapter 38, Education Code, is |
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amended by adding Section 38.1031 to read as follows: |
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Sec. 38.1031. REPORTING OF INDIVIDUAL RESULTS. (a) In this |
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section, "parent" includes a guardian or other person standing in |
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parental relation. |
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(b) At the end of each school year, a school district shall |
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provide a written copy of a student's physical fitness assessment |
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results to the student's parent if the student did not achieve |
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satisfactory results on one or more factors specified under Section |
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38.102(b)(1). |
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SECTION 3. Section 38.104, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) The agency shall analyze the results received by the |
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agency under this subchapter and identify, for each school |
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district, any correlation between the results and the following: |
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(1) student academic achievement levels; |
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(2) student attendance levels; |
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(3) student obesity; |
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(4) student body composition; |
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(5) student disciplinary problems; and |
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(6) [(5)] school meal programs. |
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(c) Not later than September 1 of each year, the agency |
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shall report the findings of the analysis under this section of the |
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results obtained during the preceding school year to: |
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(1) the School Health Advisory Committee established |
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under Section 1001.0711, Health and Safety Code, for use by the |
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committee in: |
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(A) [(1)] assessing the effectiveness of |
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coordinated health programs provided by school districts in |
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accordance with Section 38.014; and |
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(B) [(2)] developing recommendations for |
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modifications to coordinated health program requirements or |
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related curriculum; and |
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(2) the Interagency Obesity Council established under |
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Chapter 114, Health and Safety Code. |
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(d) The School Health Advisory Committee, in consultation |
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with the Interagency Obesity Council, shall: |
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(1) based on the information reported under Subsection |
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(c), identify school districts in which there may be high rates of |
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obese or overweight students; and |
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(2) encourage those districts to expand existing or |
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implement new school-based nutrition and physical activity |
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programs designed to reduce those rates. |
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SECTION 4. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 5. 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, 2009. |