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A BILL TO BE ENTITLED
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AN ACT
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relating to a physical assessment of students by a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (k), Section 28.004, Education Code, |
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is amended to read as follows: |
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(k) A school district shall publish in the student handbook |
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and post on the district's Internet website, if the district has an |
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Internet website: |
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(1) a statement of the policies adopted to ensure that |
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elementary school, middle school, and junior high school students |
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engage in at least the amount and level of physical activity |
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required by Section 28.002(l); |
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(2) a statement of: |
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(A) the number of times during the preceding year |
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the district's school health advisory council has met; |
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(B) whether the district has adopted and enforces |
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policies to ensure that district campuses comply with agency |
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vending machine and food service guidelines for restricting student |
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access to vending machines; and |
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(C) whether the district has adopted and enforces |
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policies and procedures that prescribe penalties for the use of |
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tobacco products by students and others on school campuses or at |
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school-sponsored or school-related activities; and |
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(3) a statement providing notice to parents that they |
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can request in writing their child's physical fitness assessment |
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results at the end of any [the] school year in which their child is |
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assessed under Subchapter C, Chapter 38. |
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SECTION 2. Subsection (a), Section 38.101, Education Code, |
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is amended to read as follows: |
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(a) Except as provided by Subsection (b), a school district |
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[annually] shall assess the physical fitness of the following |
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students [enrolled in grade three or higher] in a course that |
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satisfies the curriculum requirements for physical education under |
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Section 28.002(a)(2)(C): |
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(1) students enrolled in grades three and five; |
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(2) students enrolled in grade six, seven, or eight, |
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with the grade level assessed to be determined by the district; and |
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(3) students enrolled in grade 9, 10, 11, or 12, with |
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the grade level assessed to be determined by the district. |
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SECTION 3. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 4. 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, 2013. |