By: Deuell  S.B. No. 684
         (In the Senate - Filed February 20, 2013; February 25, 2013,
  read first time and referred to Committee on Education;
  March 20, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 20, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 684 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a physical assessment of students by a public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (k), Section 28.004, Education Code,
  is amended to read as follows:
         (k)  A school district shall publish in the student handbook
  and post on the district's Internet website, if the district has an
  Internet website:
               (1)  a statement of the policies adopted to ensure that
  elementary school, middle school, and junior high school students
  engage in at least the amount and level of physical activity
  required by Section 28.002(l);
               (2)  a statement of:
                     (A)  the number of times during the preceding year
  the district's school health advisory council has met;
                     (B)  whether the district has adopted and enforces
  policies to ensure that district campuses comply with agency
  vending machine and food service guidelines for restricting student
  access to vending machines; and
                     (C)  whether the district has adopted and enforces
  policies and procedures that prescribe penalties for the use of
  tobacco products by students and others on school campuses or at
  school-sponsored or school-related activities; and
               (3)  a statement providing notice to parents that they
  can request in writing their child's physical fitness assessment
  results at the end of any [the] school year in which their child is
  assessed under Subchapter C, Chapter 38.
         SECTION 2.  Subsection (a), Section 38.101, Education Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b), a school district
  [annually] shall assess the physical fitness of the following
  students [enrolled in grade three or higher] in a course that
  satisfies the curriculum requirements for physical education under
  Section 28.002(a)(2)(C):
               (1)  students enrolled in grades three and five;
               (2)  students enrolled in grade six, seven, or eight,
  with the grade level assessed to be determined by the district; and
               (3)  students enrolled in grade 9, 10, 11, or 12, with
  the grade level assessed to be determined by the district.
         SECTION 3.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 4.  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.
 
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