82R4597 KKA-D

By: Farias H.B. No. 692

A BILL TO BE ENTITLED

AN ACT

relating to high school graduation requirements for a student who

is unable to participate in physical activity due to disability or

illness.

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

SECTION 1. Section 28.025, Education Code, is amended by

amending Subsection (b-1) and adding Subsection (b-11) to read as

follows:

(b-1) The State Board of Education by rule shall require

that:

(1) except as provided by Subsection (b-2), the

curriculum requirements for the recommended and advanced high

school programs under Subsection (a) include a requirement that

students successfully complete:

(A) four credits in each subject of the

foundation curriculum under Section 28.002(a)(1), including at

least one-half credit in government and at least one-half credit in

economics to meet the social studies requirement;

(B) for the recommended high school program, two

credits in the same language in a language other than English under

Section 28.002(a)(2)(A) and, for the advanced high school program,

three credits in the same language in a language other than English

under Section 28.002(a)(2)(A); and

(C) for the recommended high school program, six

elective credits and, for the advanced high school program, five

elective credits;

(2) one or more credits offered in the required

curriculum for the recommended and advanced high school programs

include a research writing component; and

(3) the curriculum requirements for the minimum,

recommended, and advanced high school programs under Subsection (a)

include a requirement that students successfully complete:

(A) one credit in fine arts under Section

28.002(a)(2)(D); and

(B) except as provided by Subsection (b-11), one

credit in physical education under Section 28.002(a)(2)(C).

(b-11) In adopting rules under Subsection (b-1), the State

Board of Education shall allow a student who is unable to

participate in physical activity due to disability or illness to

substitute one credit in English language arts, mathematics,

science, or social studies or one academic elective credit for the

physical education credit required under Subsection (b-1)(3)(B). A

credit allowed to be substituted under this subsection may not also

be used by the student to satisfy a graduation requirement other

than completion of the physical education credit. The rules must

provide that the determination regarding a student's ability to

participate in physical activity will be made by:

(1) if the student receives special education services

under Subchapter A, Chapter 29, the student's admission, review,

and dismissal committee;

(2) if the student does not receive special education

services under Subchapter A, Chapter 29, but is covered by Section

504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the

committee established for the student under that Act; or

(3) if each of the committees described by

Subdivisions (1) and (2) is inapplicable, a committee established

by the school district of persons with appropriate knowledge

regarding the student.

SECTION 2. 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, 2011.