Senate Research Center

S.B. 1873

85R14704 MM-F

By: Hinojosa






As Filed






Physically active and educated children are more likely to thrive academically and socially. A well-rounded physical education program includes professional development for teachers, adequate resources and sufficient time and space for physical education and activities.


The American Heart Association recommends that children and adolescents participate in at least 60 minutes of moderate to vigorous physical activity every day.


Interested parties contend that the information collected through the school health survey is essential to determining the quality of physical education being offered in schools. S.B. 1873 provides clearly defined questions to be included in the survey on an annual basis so that there is consistency in the information collected.


As proposed, S.B. 1873 amends current law relating to a report regarding certain health and safety information prepared by the Texas Education Agency.




This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.




SECTION 1. Amends Section 38.0141, Education Code, as follows:


Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED. (a) Creates this subsection from existing text. Requires a school district to provide the information required by this subsection, rather than by this section, for the district and for each campus in the district.


(b) Requires the commissioner of education to, not later than one year after the Texas Education Agency (TEA) receives the information required by Subsection (a), complete a report on physical education provided by each school district and publish the report on TEA's Internet website.


(c) Requires that the report include:


(1) the number of physical education classes offered at each campus in the district and detail the number of days classes, and minutes offered each week by each campus;


(2) the ratio of students enrolled in physical education classes in the district compared to the overall enrollment;


(3) the average physical education class size at each campus in the district;


(4) the number of physical education teachers in the district who are licensed, certified, or endorsed by an accredited teacher preparation program to teach physical education;


(5) whether each campus in the district has the appropriate equipment and adequate facilities for students to engage in the amount and intensity of physical activity required under Section 28.002 (Required Curriculum);


(6) whether the district allows modifications or adaptations that allow physical education courses to meet the needs of students with disabilities;


(7) whether the district has a policy that allows students to opt out of physical education to prepare for other classes or standardized tests; and


(8) whether the district has a policy that allows teachers or administrators in the district to withhold physical activity from a student as punishment.


SECTION 2. Effective date: upon passage or September 1, 2017.