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S.B. No. 1357
AN ACT
relating to local school health advisory councils, health education
instruction, and coordinated health programs for elementary school
students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 28.004, Education Code,
is amended to read as follows:
Sec. 28.004. LOCAL SCHOOL HEALTH [EDUCATION] ADVISORY
COUNCIL AND HEALTH EDUCATION INSTRUCTION.
SECTION 2. Section 28.004, Education Code, is amended by
amending Subsections (a) through (e) and adding Subsection (k) to
read as follows:
(a) The board of trustees of each school district shall
establish a local school health [education] advisory council to
assist the district in ensuring that local community values are
reflected in the district's health education instruction.
(b) A school district must consider the recommendations of
the local school health [education] advisory council before
changing the district's health education curriculum or
instruction.
(c) The local school health [education] advisory council's
duties include recommending:
(1) the number of hours of instruction to be provided
in health education;
(2) [health education] curriculum appropriate for
specific grade levels [that may include a coordinated health
education program] designed to prevent obesity, cardiovascular
disease, and Type 2 [II] diabetes through coordination of:
(A) health education;
(B) physical education and physical activity;
(C) nutrition [nutritional] services;
(D) parental involvement; and
(E) instruction to prevent the use of tobacco;
[and]
(3) appropriate grade levels and methods of
instruction for human sexuality instruction; and
(4) strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services;
(B) counseling and guidance services;
(C) a safe and healthy school environment; and
(D) school employee wellness.
(d) The board of trustees shall appoint members to the local
school health [education] 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. 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;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; and
(9) nonprofit health organizations.
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health [education] advisory council and must:
(1) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(2) devote more attention to abstinence from sexual
activity than to any other behavior;
(3) emphasize that abstinence from sexual activity, if
used consistently and correctly, is the only method that is 100
percent effective in preventing pregnancy, sexually transmitted
diseases, infection with human immunodeficiency virus or acquired
immune deficiency syndrome, and the emotional trauma associated
with adolescent sexual activity;
(4) direct adolescents to a standard of behavior in
which abstinence from sexual activity before marriage is the most
effective way to prevent pregnancy, sexually transmitted diseases,
and infection with human immunodeficiency virus or acquired immune
deficiency syndrome; and
(5) teach contraception and condom use in terms of
human use reality rates instead of theoretical laboratory rates, if
instruction on contraception and condoms is included in curriculum
content.
(k) A school district shall make available for reasonable
public inspection:
(1) a statement of the policies adopted to ensure that
students in elementary grades engage in at least 30 minutes per
school day or 135 minutes per school week of physical activity; and
(2) a statement of:
(A) the number of times during the year the
district's school health advisory council has met;
(B) whether the district has adopted and enforces
policies to ensure that district campuses comply with agency
vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has adopted and enforces
policies and procedures that prescribe penalties for the use of
tobacco products by students and others on school campuses or at
school-sponsored or school-related activities.
SECTION 3. Section 38.013, Education Code, as added by
Chapter 907, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY
SCHOOL STUDENTS. (a) The agency shall make available to each
school district one or more [a] coordinated health programs
[program] designed to prevent obesity, cardiovascular disease, and
Type 2 [II] diabetes in elementary school students. Each [The]
program must provide for coordinating:
(1) health education;
(2) physical education and physical activity;
(3) nutrition services; and
(4) parental involvement.
(a-1) The commissioner by rule shall adopt criteria for
evaluating a coordinated health program before making the program
available under Subsection (a). Before adopting the criteria, the
commissioner shall request review and comment concerning the
criteria from the Texas Department of Health's School Health
Advisory Committee. The commissioner may make available under
Subsection (a) only those programs that meet criteria adopted under
this subsection.
(b) The agency shall notify each school district of the
availability of the programs [program].
SECTION 4. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1357 passed the Senate on
May 8, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1357 passed the House on
May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor