BILL ANALYSIS

H.B. 2704

By: Sheffield

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recent legislation established a confidential physical assessment as a tool to gauge the fitness levels of public school students in grades 3 through 12. Interested parties contend that while it is important to ensure the health of public school students, parents should be allowed the right to have their children opt out of this assessment. H.B. 2704 seeks to provide for that allowance.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2704 amends the Education Code to prohibit a school district from annually assessing the physical fitness of a student enrolled in grades 3 through 12 if the student's parent notifies the district in writing that the parent objects to the assessment. The bill requires a district to inform parents of this right to object and to provide parents with a reasonable opportunity to notify the district of an objection. The bill includes a person standing in parental relation in the definition of "parent" and makes its provisions applicable beginning with the 2011-2012 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.