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BILL ANALYSIS

 

 

 

C.S.H.B. 2884

By: Allen

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note the incidence of childhood obesity in Texas and contend that more should be done in public schools to combat this problem. C.S.H.B. 2884 seeks to address this issue by providing for statewide policies on recess.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2884 amends the Education Code to require the Texas Education Agency to develop and institute policies on the recess period during the school day that encourage constructive, age-appropriate outdoor playtime. The bill requires the policies to include guidelines for outdoor equipment and facilities on public school campuses that maximize the effectiveness of outdoor physical activity.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2884 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 28.002, Education Code, is amended by amending Subsection (l) and adding Subsection (l-4) to read as follows:

(l)  A school district shall require a student enrolled in full-day prekindergarten, in kindergarten, or in a grade level below grade six to participate in moderate or vigorous daily physical activity for at least 30 minutes throughout the school year as part of the district's physical education curriculum or through structured activity during a school campus's daily recess.  To the extent practicable, a school district shall require a student enrolled in prekindergarten on less than a full-day basis to participate in the same type and amount of physical activity as a student enrolled in full-day prekindergarten.  A school district shall require students enrolled in grade levels six, seven, and eight to participate in moderate or vigorous daily physical activity for at least 30 minutes for six [at least four] semesters during those grade levels as part of the district's physical education curriculum.  If a school district determines, for any particular grade level below grade six, that requiring moderate or vigorous daily physical activity is impractical due to scheduling concerns or other factors, the district may as an alternative require a student in that grade level to participate in moderate or vigorous physical activity for at least 135 minutes during each school week.  Additionally, a school district may as an alternative require a student enrolled in a grade level for which the district uses block scheduling to participate in moderate or vigorous physical activity for at least 225 minutes during each period of two school weeks.  A school district must provide for an exemption for:

(1)  any student who is unable to participate in the required physical activity because of illness or disability; and

(2)  a middle school or junior high school student who participates in an extracurricular activity with a moderate or vigorous physical activity component that is considered a structured activity under rules adopted by the commissioner.

(l-4)  The agency shall develop and institute policies on the recess period during the school day that encourage constructive, age-appropriate outdoor playtime. The policies must include guidelines for outdoor equipment and facilities on public school campuses that maximize the effectiveness of outdoor physical activity.

SECTION 1.  Section 28.002, Education Code, is amended by adding Subsection (l-4) to read as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(l-4)  The agency shall develop and institute policies on the recess period during the school day that encourage constructive, age-appropriate outdoor playtime. The policies must include guidelines for outdoor equipment and facilities on public school campuses that maximize the effectiveness of outdoor physical activity.

SECTION 2.  Section 28.025(b-1), Education Code, is amended to read as follows:

(b-1)  The State Board of Education by rule shall require that the curriculum requirements for the foundation high school program under Subsection (a) include a requirement that students successfully complete:

(1)  four credits in English language arts under Section 28.002(a)(1)(A), including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course authorized under Subsection (b-2);

(2)  three credits in mathematics under Section 28.002(a)(1)(B), including one credit in Algebra I, one credit in geometry, and one credit in any advanced mathematics course authorized under Subsection (b-2);

(3)  three credits in science under Section 28.002(a)(1)(C), including one credit in biology, one credit in any advanced science course authorized under Subsection (b-2), and one credit in integrated physics and chemistry or in an additional advanced science course authorized under Subsection (b-2);

(4)  three credits in social studies under Section 28.002(a)(1)(D), including one credit in United States history, at least one-half credit in government and at least one-half credit in economics, and one credit in world geography or world history;

(5)  except as provided under Subsections (b-12), (b-13), and (b-14), two credits in the same language in a language other than English under Section 28.002(a)(2)(A);

(6)  four [five] elective credits;

(7)  one credit in fine arts under Section 28.002(a)(2)(D); [and]

(8)  except as provided by Subsection (b-11), 1-1/2 credits [one credit] in physical education under Section 28.002(a)(2)(C); and

(9)  one-half credit in health under Section 28.002(a)(2)(B).

No equivalent provision.

 

SECTION 3.  Section 28.002(l), Education Code, as amended by this Act, applies only to students entering the sixth grade during the 2017-2018 school year or a later school year.  For students entering a grade above sixth grade during the 2017-2018 school year, Section 28.002(l), Education Code, as that section existed before amendment by this Act, applies, and that section is continued in effect for that purpose.

No equivalent provision.

 

SECTION 4.  Section 28.025(b-1), Education Code, as amended by this Act, applies only to students entering the ninth grade during the 2017-2018 school year or a later school year.  For students entering a grade above ninth grade during the 2017-2018 school year, Section 28.025(b-1), Education Code, as that section existed before amendment by this Act, applies, and that section is continued in effect for that purpose.

No equivalent provision.

 

SECTION 5.  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, 2017.

SECTION 2. Same as introduced version.