83R1193 EAH-D
 
  By: Nelson S.B. No. 134
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health and physical education credits required for high
  school graduation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 28.025(b-1) and (b-11), Education Code,
  are amended 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, five 
  [six] elective credits and, for the advanced high school program,
  four [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), 1.5
  credits [one credit] in physical education under Section
  28.002(a)(2)(C); and
                     (C)  one-half credit in health under Section
  28.002(a)(2)(B).
         (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 1.5 credits [one credit] in English language arts,
  mathematics,  science, [or] social studies, or an [one] academic
  elective, or a combination of credits in those courses equaling 1.5
  credits, [credit] for the physical education credits [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 credits [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, 2013.