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  82R10725 VOO-D
 
  By: Bonnen H.B. No. 2796
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repeal of the coordinated health program for public
  primary and secondary schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 38.013 and 38.014, Education Code, are
  repealed.
         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 student achievement indicator system as
  described by Section 39.053;
               (2)  set the campus performance objectives based on the
  student 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; and
               (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].
         SECTION 3.  Section 28.004(c), Education Code, is amended to
  read as follows:
         (c)  The local school health advisory council's duties
  include recommending:
               (1)  the number of hours of instruction to be provided
  in health education;
               (2)  curriculum appropriate for specific grade levels
  designed to prevent obesity, cardiovascular disease, and Type 2
  diabetes through coordination of:
                     (A)  health education;
                     (B)  physical education and physical activity;
                     (C)  nutrition 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].
         SECTION 4.  Section 38.104(c), Education Code, is amended to
  read as follows:
         (c)  Not later than September 1 of each year, the agency
  shall report the findings of the analysis under this section of the
  results obtained during the preceding school year to the School
  Health Advisory Committee established under Section 1001.0711,
  Health and Safety Code, for use by the committee in[:
               [(1)     assessing the effectiveness of coordinated
  health programs provided by school districts in accordance with
  Section 38.014; and
               [(2)]  developing recommendations for modifications to
  the health and physical education [coordinated health program
  requirements or related] curriculum in public schools.
         SECTION 5.  Section 1001.0711(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commission by rule shall establish a School Health
  Advisory Committee at the department to provide assistance to the
  council in establishing a leadership role for the department in
  support for and delivery of [coordinated school health programs
  and] school health services.
         SECTION 6.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.