82R7275 KKA-D

By: Martinez Fischer H.B. No. 3681

A BILL TO BE ENTITLED

AN ACT

relating to assessments of physical fitness of public school students and campus ratings based on that assessment.

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

SECTION 1. The heading to Section 38.103, Education Code, is amended to read as follows:

Sec. 38.103. REPORTING OF [SUMMARY] RESULTS.

SECTION 2. Section 38.103, Education Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a) A school district shall compile the results of the physical fitness assessment required by this subchapter and provide summary results, aggregated by campus, 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 teachers.

(c) The commissioner by rule shall require a school district to provide the results of individual student performance on the physical fitness assessment instrument to the agency. The results may not contain a student's:

(1) name;

(2) social security number; or

(3) date of birth.

(d) A parent may obtain the results of the physical fitness assessment of the parent's child as provided by Section 28.004(k)(3).

SECTION 3. The heading to Section 38.104, Education Code, is amended to read as follows:

Sec. 38.104. ANALYSIS OF RESULTS; RATING.

SECTION 4. Sections 38.104(a) and (c), Education Code, are amended to read as follows:

(a) The agency shall analyze the results received by the agency under this subchapter and identify, for each school district and campus, 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.

(c) Not later than September 1 of each year, the agency shall:

(1) 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:

(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) assign each campus a rating based on annual progress in improving student physical fitness.

SECTION 5. Sections 39.305(b) and (c), Education Code, are amended to read as follows:

(b) The report card shall include the following information:

(1) where applicable, the student achievement indicators described by Section 39.053(c) and the reporting indicators described by Sections 39.301(c)(1) through (5);

(2) average class size by grade level and subject;

(3) the administrative and instructional costs per student, computed in a manner consistent with Section 44.0071; [and]

(4) the district's instructional expenditures ratio and instructional employees ratio computed under Section 44.0071, and the statewide average of those ratios, as determined by the commissioner; and

(5) the physical fitness rating assigned under Section 38.104(c)(2).

(c) The commissioner shall adopt rules requiring dissemination of the information required under Subsections [Subsection] (b)(4) and (5) and appropriate class size and student performance portions of campus report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the campus. On written request, the school district shall provide a copy of a campus report card to any other party.

SECTION 6. The Texas Education Agency shall assign each campus its initial rating under Section 38.104(c)(2), Education Code, as added by this Act, not later than September 1, 2013, based on progress achieved between the 2011-2012 and 2012-2013 school years. Ratings shall be included in the campus report card under Section 39.305, Education Code, as amended by this Act, beginning with the first campus report cards prepared after initial ratings are assigned.

SECTION 7. 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.