BILL ANALYSIS
Senate Research Center |
S.B. 1395 |
89R4316 PRL-D |
By: Hall |
|
Education K-16 |
|
4/14/2025 |
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As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Education Code requires every Texas school district to establish a School Health Advisory Council (SHAC) to assist the district in ensuring that local community values are reflected in the district health education instruction. Their duties include recommending the number of hours of instruction to be provided in health education, policies, procedures, strategies, and curriculum to prevent physical health concerns. There have been great concerns that district administrators are choosing district employees and district services contractors as members of the SHAC. These are voting members and leaders who often outnumber the parents appointed to the SHAC, resulting in less influence for parents in how their children are receiving education concerning their health.
Parents should be the guiding influence and strongest voice in any educational decision, and School Health advisory Councils should be guided by parents first.
S.B. 1395 Would:
� Require each member of the School Health Advisory Council to be appointed by a school district board trustee;
� Require each trustee to appoint an equal number of members to the Council;
� Allow for a district to appoint local SHAC members by a majority vote by the board in lieu of appointing those members by individual trustees;
� Allow for each member to serve a one-year term and be reconfirmed for subsequent one-year terms;
� Require a majority of the voting members to be a parent of an enrolled student and not have a relative within the first degree of consanguinity employed by the district;
� Require a parent to serve as chair, vice chair, secretary, or in any other executive position;
� Ensure voting members from the community are also not employed by the district and do not have a relative within the first degree of consanguinity who is employed by the district; and
� Allow the board of trustees to appoint a classroom teacher, school counselor, and school administrator as one or more nonvoting members of the local SHAC.
As proposed, S.B. 1395 amends current law relating to the membership of a school district's local school health advisory council.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 28.004, Education Code, by adding Subsections (a-1), (a-2), (a-3), (d-3), (d-4), and (d-5) and amending Subsections (d), (d-1), and (d-2), as follows:
(a-1) Requires each member of the local school health advisory council, except as provided by Subsection (a-2), to be appointed by an individual trustee of the board of trustees of the school district. Requires each trustee to appoint an equal number of members to the council.
(a-2) Authorizes the board of trustees of a school district, notwithstanding Subsection (a-1), to appoint to a local school health advisory council members described by Subsections (d-2) and (d-3) by a majority vote of the board in lieu of appointing those members by individual trustees.
(a-3) Requires a member appointed to a local school health advisory council to serve a one-year term. Authorizes a member to be reappointed for subsequent one-year terms.
(d-1) Creates this subsection from existing text. Requires a majority of voting members to be persons who are parents of students enrolled in the district, who are not employed by the district, and who do not have a relative within the first degree of consanguinity who is employed by the district. Authorizes only a member described by this subsection to serve as chair, co-chair, vice chair, or secretary of the council, or in any other executive position for the local school health advisory council. Deletes existing text requiring one of those members to serve as chair or co-chair of the council. Makes nonsubstantive changes.
(d-2) Creates this subsection from existing text. Authorizes the board of trustees to also appoint one or more voting members who are persons from one or more of certain groups in the community who are not employed by the district and who do not have a relative within the first degree of consanguinity who is employed by the district. Deletes existing text authorizing the board of trustees to also appoint one or more persons from each of certain groups or a representative from a group other than a group specified under this subsection. Makes nonsubstantive changes.
(d-3) Authorizes the board of trustees to appoint one or more nonvoting members of the local school health advisory council to serve in an advisory capacity who are persons from certain groups, including classroom teachers employed by the district, school counselors certified under Subchapter B (Certification of Educators), Chapter 21 (Educators), employed by the district, and school administrators employed by the district.
(d-4) Redesignates existing Subsection (d-1) as Subsection (d-4) and makes no further changes.
(d-5) Redesignates existing Subsection (d-2) as Subsection (d-5) and makes a conforming change.
SECTION 2. Provides that this Act applies beginning with the 2025�2026 school year.
SECTION 3. Effective date: upon passage or September 1, 2025.