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AN ACT
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relating to physical activity requirements and physical fitness |
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assessment for certain public school students. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subsections (l) and (l-1), Section 28.002, |
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Education Code, are amended to read as follows: |
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�������(l)��A school district shall�[The State Board of Education,
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after consulting with educators, parents, and medical
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professionals, by rule may] require a student enrolled in |
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kindergarten or a grade level below grade six�[nine] to participate |
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in moderate or vigorous�daily physical activity for at least 30 |
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minutes throughout the school year�as part of the�[a school] |
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district's physical education curriculum or through structured |
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activity during a school campus's daily recess[, except that the
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board may not require more than 30 minutes of daily physical
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activity]. �A school district shall require students enrolled in |
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grade levels six, seven, and eight to participate in moderate or |
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vigorous daily physical activity for at least 30 minutes for at |
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least four semesters during those grade levels as part of the |
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district's physical education curriculum.��If a school district |
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determines, for any particular grade level below grade six, that |
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requiring moderate or vigorous daily physical activity is |
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impractical due to scheduling concerns or other factors, the |
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district may as an alternative require a student in that grade level |
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to participate in moderate or vigorous physical activity for at |
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least 135 minutes during each school week�[the board adopts rules
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under this subsection, the board must ensure by rule that students
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enrolled in middle and junior high school settings are allowed to
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meet the physical activity requirement by participating in physical
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activity twice each week throughout the school year or the option to
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schedule at least two semesters overall]. �Additionally, a school |
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district may as an alternative require a student enrolled in a grade |
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level for which the district uses block scheduling to participate |
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in moderate or vigorous physical activity for at least 225 minutes |
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during each period of two school weeks. �A school district�[If the
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board adopts rules under this subsection, the board] must provide |
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for an exemption for: |
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�������������(1)��any student who is unable to participate in the |
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required�[daily] physical activity because of illness or |
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disability; and |
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�������������(2)��a middle school or junior high school student who |
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participates in an extracurricular activity with a moderate or |
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vigorous�physical activity component that is considered a |
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structured activity under rules adopted by the commissioner�[State
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Board of Education]. |
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�������(l-1)��In adopting rules relating to an activity described by |
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Subsection (l)(2), the commissioner�[State Board of Education] may |
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permit an exemption for a student who participates in a |
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school-related activity or an activity sponsored by a private |
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league or club only if the student provides proof of participation |
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in the activity. |
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�������SECTION�2.��Section 28.004, Education Code, is amended by |
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amending Subsection (k) and adding Subsection (l) to read as |
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follows: |
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�������(k)��A school district shall publish in the student handbook |
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and post on the district's Internet website, if the district has an |
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Internet website: |
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�������������(1)��a statement of the policies adopted to ensure that |
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elementary school, middle school, and junior high school students |
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engage in at least the amount and level�[30 minutes per school day
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or 135 minutes per school week] of physical activity required by |
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Section 28.002(l); [and] |
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�������������(2)��a statement of: |
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�������������������(A)��the number of times during the preceding year |
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the district's school health advisory council has met; |
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�������������������(B)��whether the district has adopted and enforces |
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policies to ensure that district campuses comply with agency |
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vending machine and food service guidelines for restricting student |
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access to vending machines; and |
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�������������������(C)��whether the district has adopted and enforces |
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policies and procedures that prescribe penalties for the use of |
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tobacco products by students and others on school campuses or at |
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school-sponsored or school-related activities; and |
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�������������(3)��a statement providing notice to parents that they |
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can request in writing their child's physical fitness assessment |
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results at the end of the school year. |
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�������(l)��The local school health advisory council shall consider |
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and make policy recommendations to the district concerning the |
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importance of daily recess for elementary school students. �The |
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council must consider research regarding unstructured and |
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undirected play, academic and social development, and the health |
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benefits of daily recess in making the recommendations. �The |
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council shall ensure that local community values are reflected in |
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any policy recommendation made to the district under this |
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subsection. |
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�������SECTION�3.��Chapter 38, Education Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER�C.��PHYSICAL FITNESS ASSESSMENT |
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�������Sec.�38.101.��ASSESSMENT REQUIRED. �(a)��Except as provided |
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by Subsection (b), a school district annually shall assess the |
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physical fitness of students enrolled in grades 3 through 12. |
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�������(b)��A school district is not required to assess a student |
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for whom, as a result of disability or other condition identified by |
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commissioner rule, the assessment instrument adopted under Section |
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38.102 is inappropriate. |
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�������Sec.�38.102.��ADOPTION OF ASSESSMENT INSTRUMENT. �(a)��The |
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commissioner by rule shall adopt an assessment instrument to be |
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used by a school district in assessing student physical fitness |
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under this subchapter. |
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�������(b)��The assessment instrument must: |
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�������������(1)��be based on factors related to student health, |
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including the following factors that have been identified as |
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essential to overall health and function: |
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�������������������(A)��aerobic capacity; |
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�������������������(B)��body composition; and |
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�������������������(C)��muscular strength, endurance, and |
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flexibility; and |
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�������������(2)��include criterion-referenced standards specific |
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to a student's age and gender and based on the physical fitness |
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level required for good health. |
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�������Sec.�38.103.��REPORTING OF SUMMARY RESULTS. �(a)��A school |
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district shall compile the results of the physical fitness |
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assessment required by this subchapter and provide summary results, |
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aggregated by grade level and any other appropriate category |
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identified by commissioner rule, to the agency. �The summary |
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results may not contain the names of individual students or |
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teachers. |
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�������(b)��The results of individual student performance on the |
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physical fitness assessment instrument are confidential and may be |
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released only in accordance with state and federal law. |
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�������Sec.�38.104.��ANALYSIS OF RESULTS. �(a)��The agency shall |
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analyze the results received by the agency under this subchapter |
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and identify, for each school district, any correlation between the |
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results and the following: |
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�������������(1)��student academic achievement levels; |
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�������������(2)��student attendance levels; |
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�������������(3)��student obesity; |
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�������������(4)��student disciplinary problems; and |
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�������������(5)��school meal programs. |
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�������(b)��The agency may contract with a public or private entity |
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for that entity to conduct all or part of the analysis required by |
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Subsection (a). |
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�������(c)��Not later than September 1 of each year, the agency |
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shall report the findings of the analysis under this section of the |
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results obtained during the preceding school year to the School |
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Health Advisory Committee established under Section 1001.0711, |
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Health and Safety Code, for use by the committee in: |
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�������������(1)��assessing the effectiveness of coordinated health |
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programs provided by school districts in accordance with Section |
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38.014; and |
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�������������(2)��developing recommendations for modifications to |
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coordinated health program requirements or related curriculum. |
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�������Sec.�38.105.��DONATIONS.��The agency and each school |
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district may accept donations made to facilitate implementation of |
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this subchapter. |
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�������Sec.�38.106.��RULES. �The commissioner shall adopt rules |
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necessary to implement this subchapter. |
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�������SECTION�4.��Not later than September 1, 2008, the Texas |
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Education Agency, in consultation with the School Health Advisory |
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Committee established under Section 1001.0711, Health and Safety |
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Code, shall provide a report to the legislature that details |
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options and recommendations for providing moderate or vigorous |
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daily physical activity for students for at least 30 minutes |
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outside the seven-hour instructional day. �The options and |
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recommendations must be developed with consideration for the needs |
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of students who are enrolled in multiple enrichment curriculum |
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courses. |
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�������SECTION�5.��The commissioner of education shall adopt the |
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physical fitness assessment instrument required under Subchapter |
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C, Chapter 38, Education Code, as added by this Act, and rules |
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necessary to implement that subchapter not later than the date that |
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enables the instrument to be used by school districts during the |
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2007-2008 school year. |
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�������SECTION�6.��Notwithstanding Section 11, Chapter 784, Acts of |
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the 79th Legislature, Regular Session, 2005, Section 38.014, |
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Education Code, as amended by that Act, applies beginning with the |
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2007-2008 school year. |
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�������SECTION�7.��Subsection (l), Section 28.002, Education Code, |
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as amended by this Act, applies to students enrolled in |
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kindergarten or a grade level below grade six beginning with the |
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2007-2008 school year and to students enrolled in grade levels six |
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through eight beginning with the 2008-2009 school year. |
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�������SECTION�8.��Except as otherwise provided by this Act, this |
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Act applies beginning with the 2007-2008 school year. �This Act |
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shall apply to junior high or middle schools only upon adoption of a |
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coordinated school health program for these grades by the Texas |
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Education Agency. |
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�������SECTION�9.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. �If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�530 passed the Senate on |
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April�11,�2007, by the following vote:��Yeas�29, Nays�1; |
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May�25,�2007, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May�26,�2007, House |
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granted request of the Senate; May�27,�2007, Senate adopted |
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Conference Committee Report by the following vote:��Yeas�28, |
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Nays�2. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�530 passed the House, with |
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amendments, on May�23,�2007, by the following vote:��Yeas�138, |
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Nays�8, one present not voting; May�26,�2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May�28,�2007, House adopted Conference Committee Report by the |
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following vote:��Yeas�139, Nays�4, two present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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�����������Date |
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______________________________� |
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����������Governor |