86R8034 SRS-F
 
  By: Campbell S.B. No. 441
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local school health advisory councils.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.0029(d), Agriculture Code, is amended
  to read as follows:
         (d)  Not later than November 30 of each year, the board of
  trustees of a school district that intends to request a waiver under
  Subsection (e)(2) must send written notice of the district's
  intention to the district's local school health advisory council if
  the board of trustees established a local school health advisory
  council under Section 28.004(a), Education Code.  The notice must
  include an explanation of the district's reason for requesting a
  waiver of the requirement.
         SECTION 2.  Section 11.253(d), Education Code, is amended to
  read as follows:
         (d)  Each campus improvement plan must:
               (1)  assess the academic achievement for each student
  in the school using the achievement indicator system as described
  by Section 39.053;
               (2)  set the campus performance objectives based on the
  achievement indicator system, including objectives for special
  needs populations, including students in special education
  programs under Subchapter A, Chapter 29;
               (3)  identify how the campus goals will be met for each
  student;
               (4)  determine the resources needed to implement the
  plan;
               (5)  identify staff needed to implement the plan;
               (6)  set timelines for reaching the goals;
               (7)  measure progress toward the performance
  objectives periodically to ensure that the plan is resulting in
  academic improvement;
               (8)  include goals and methods for violence prevention
  and intervention on campus;
               (9)  provide for a program to encourage parental
  involvement at the campus; and
               (10)  if the campus is an elementary, middle, or junior
  high school, set goals and objectives for the coordinated health
  program at the campus based on:
                     (A)  student fitness assessment data, including
  any data from research-based assessments such as the school health
  index assessment and planning tool created by the federal Centers
  for Disease Control and Prevention;
                     (B)  student academic performance data;
                     (C)  student attendance rates;
                     (D)  the percentage of students who are
  educationally disadvantaged;
                     (E)  the use and success of any method to ensure
  that students participate in moderate to vigorous physical activity
  as required by Section 28.002(l); and
                     (F)  any other indicator recommended by the local
  school health advisory council if the board of trustees of the
  school district established a local school health advisory council
  under Section 28.004(a).
         SECTION 3.  Section 28.004, Education Code, is amended by
  amending Subsections (a), (d), (d-1), (l-1), and (m) and adding
  Subsection (m-1) to read as follows:
         (a)  The board of trustees of each school district may
  [shall] establish a local school health advisory council to assist
  the district in ensuring that local community values are reflected
  in the district's health education instruction.
         (d)  The board of trustees shall appoint at least seven
  [five] members to the local school health advisory council.  A
  majority of the members must be persons who are parents of students
  enrolled in the district and who are not employed by the
  district.  One of those members shall serve as chair or co-chair of
  the council.  The board of trustees also may appoint one or more
  persons from each of the following groups [or a representative from
  a group other than a group specified under this subsection]:
               (1)  public school teachers;
               (2)  public school administrators;
               (3)  [district students;
               [(4)]  health care professionals;
               (4)  [(5)]  the business community;
               (5)  [(6)]  law enforcement;
               (6)  [(7)]  senior citizens;
               (7)  [(8)]  the clergy;
               (8)  [(9)]  nonprofit health organizations; and
               (9)  [(10)]  local domestic violence programs.
         (d-1)  The local school health advisory council shall hold 
  [meet] at least three meetings [four times] each year.
         (l-1)  The local school health advisory council shall
  [establish a physical activity and fitness planning subcommittee
  to] consider issues relating to student physical activity and
  fitness and make policy recommendations to increase physical
  activity and improve fitness among students.
         (m)  In addition to performing other duties, the local school
  health advisory council shall submit to the board of trustees, at
  least annually, a written report that includes:
               (1)  any council recommendation concerning the school
  district's health education curriculum and instruction or related
  matters that the council has not previously submitted to the board;
               (2)  any suggested modification to a council
  recommendation previously submitted to the board;
               (3)  a detailed explanation of the council's activities
  during the period between the date of the current report and the
  date of the last prior written report; and
               (4)  any recommendations to increase student [made by
  the] physical activity and improve student fitness [planning
  subcommittee].
         (m-1)  A school district that maintains an Internet website
  shall post on the website the local school health advisory
  council's report required by Subsection (m).
         SECTION 4.  Section 551.001(3), Government Code, is amended
  to read as follows:
               (3)  "Governmental body" means:
                     (A)  a board, commission, department, committee,
  or agency within the executive or legislative branch of state
  government that is directed by one or more elected or appointed
  members;
                     (B)  a county commissioners court in the state;
                     (C)  a municipal governing body in the state;
                     (D)  a deliberative body that has rulemaking or
  quasi-judicial power and that is classified as a department,
  agency, or political subdivision of a county or municipality;
                     (E)  a school district board of trustees;
                     (F)  a county board of school trustees;
                     (G)  a county board of education;
                     (H)  the governing board of a special district
  created by law;
                     (I)  a local workforce development board created
  under Section 2308.253;
                     (J)  a nonprofit corporation that is eligible to
  receive funds under the federal community services block grant
  program and that is authorized by this state to serve a geographic
  area of the state;
                     (K)  a nonprofit corporation organized under
  Chapter 67, Water Code, that provides a water supply or wastewater
  service, or both, and is exempt from ad valorem taxation under
  Section 11.30, Tax Code; [and]
                     (L)  a joint board created under Section 22.074,
  Transportation Code; and 
                     (M)  a local school health advisory council
  established under Section 28.004, Education Code.
         SECTION 5.  On August 31, 2019, all local school health
  advisory councils established under Section 28.004, Education
  Code, before the effective date of this Act, are abolished. On or
  after the effective date of this Act, the board of trustees of a
  school district may establish a local school health advisory
  council as provided by Section 28.004, Education Code, as amended
  by this Act.
         SECTION 6.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 7.  This Act takes effect September 1, 2019.