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A BILL TO BE ENTITLED
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AN ACT
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relating to physical fitness assessment of public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004(k), Education Code, is amended to |
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read as 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 of physical activity |
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required by Section 28.002(l); |
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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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e-cigarettes, as defined by Section 38.006, and tobacco products by |
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students and others on school campuses or at school-sponsored or |
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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 if assessment was requested |
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under Section 38.101. |
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SECTION 2. Section 38.101, Education Code, is amended to |
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read as follows: |
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Sec. 38.101. REQUEST FOR ASSESSMENT [REQUIRED]. At the |
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request of the student's parent or a person standing in parental |
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relation to the student [(a) Except as provided by Subsection (b)], |
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a school district annually shall assess the physical fitness of a |
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student [students] enrolled in grade three or higher in a course |
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that satisfies the curriculum requirements for physical education |
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under Section 28.002(a)(2)(C). |
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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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SECTION 3. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 4. 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, 2017. |