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A BILL TO BE ENTITLED
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AN ACT
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relating to assessments of physical fitness of public school |
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students and campus ratings based on that assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 38.103, Education Code, |
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is amended to read as follows: |
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Sec. 38.103. REPORTING OF [SUMMARY] RESULTS. |
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SECTION 2. Section 38.103, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) A school district shall compile the results of the |
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physical fitness assessment required by this subchapter and provide |
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summary results, aggregated by campus, grade level, and any other |
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appropriate category identified by commissioner rule, to the |
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agency. The summary results may not contain the names of |
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individual students or teachers. |
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(c) The commissioner by rule shall require a school district |
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to provide the results of individual student performance on the |
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physical fitness assessment instrument to the agency. The results |
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may not contain a student's: |
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(1) name; |
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(2) social security number; or |
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(3) date of birth. |
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(d) A parent may obtain the results of the physical fitness |
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assessment of the parent's child as provided by Section |
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28.004(k)(3). |
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SECTION 3. The heading to Section 38.104, Education Code, |
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is amended to read as follows: |
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Sec. 38.104. ANALYSIS OF RESULTS; RATING. |
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SECTION 4. Sections 38.104(a) and (c), Education Code, are |
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amended to read 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 district |
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and campus, 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 disciplinary problems; and |
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(5) school meal programs. |
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(c) Not later than September 1 of each year, the agency |
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shall: |
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(1) report the findings of the analysis under this |
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section of the results obtained during the preceding school year to |
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the School Health Advisory Committee established under Section |
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1001.0711, Health and Safety Code, for use by the 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) assign each campus a rating based on annual |
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progress in improving student physical fitness. |
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SECTION 5. Sections 39.305(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) The report card shall include the following |
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information: |
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(1) where applicable, the student achievement |
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indicators described by Section 39.053(c) and the reporting |
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indicators described by Sections 39.301(c)(1) through (5); |
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(2) average class size by grade level and subject; |
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(3) the administrative and instructional costs per |
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student, computed in a manner consistent with Section 44.0071; |
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[and] |
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(4) the district's instructional expenditures ratio |
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and instructional employees ratio computed under Section 44.0071, |
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and the statewide average of those ratios, as determined by the |
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commissioner; and |
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(5) the physical fitness rating assigned under Section |
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38.104(c)(2). |
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(c) The commissioner shall adopt rules requiring |
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dissemination of the information required under Subsections |
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[Subsection] (b)(4) and (5) and appropriate class size and student |
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performance portions of campus report cards annually to the parent, |
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guardian, conservator, or other person having lawful control of |
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each student at the campus. On written request, the school |
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district shall provide a copy of a campus report card to any other |
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party. |
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SECTION 6. The Texas Education Agency shall assign each |
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campus its initial rating under Section 38.104(c)(2), Education |
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Code, as added by this Act, not later than September 1, 2013, based |
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on progress achieved between the 2011-2012 and 2012-2013 school |
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years. Ratings shall be included in the campus report card under |
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Section 39.305, Education Code, as amended by this Act, beginning |
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with the first campus report cards prepared after initial ratings |
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are assigned. |
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SECTION 7. 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, 2011. |