85R12448 SRS-D
	By: Hall	S.B. No. 1310

	A BILL TO BE ENTITLED
	AN ACT
	relating to elimination of the requirement that a school district
	establish a local school health advisory council.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 achievement indicator system as described
	by Section 39.053;
	(2)  set the campus performance objectives based on the
	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;
	(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; and
	(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 2.  The heading to Section 28.004, Education Code,
	is amended to read as follows:
	Sec. 28.004.  [LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND]
	HEALTH EDUCATION INSTRUCTION.
	SECTION 3.  Sections 28.004(e), (i), and (k), Education
	Code, are amended to read as follows:
	(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 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.
	(i)  Before each school year, a school district shall provide
	written notice to a parent of each student enrolled in the district
	of the board of trustees' decision regarding whether the district
	will provide human sexuality instruction to district students.  If
	instruction will be provided, the notice must include:
	(1)  a summary of the basic content of the district's
	human sexuality instruction to be provided to the student,
	including a statement informing the parent of the instructional
	requirements under state law;
	(2)  a statement of the parent's right to:
	(A)  review curriculum materials as provided by
	Subsection (j); and
	(B)  remove the student from any part of the
	district's human sexuality instruction without subjecting the
	student to any disciplinary action, academic penalty, or other
	sanction imposed by the district or the student's school; and
	(3)  information describing the opportunities for
	parental involvement in the development of the curriculum to be
	used in human sexuality instruction[, including information
	regarding the local school health advisory council established
	under Subsection (a)].
	(k)  A school district shall publish in the student handbook
	and post on the district's Internet website, if the district has an
	Internet website:
	(1)  a statement of the policies adopted to ensure that
	elementary school, middle school, and junior high school students
	engage in at least the amount and level of physical activity
	required by Section 28.002(l);
	(2)  a statement of:
	(A)  [the number of times during the preceding
	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
	(B) [(C)]  whether the district has adopted and
	enforces policies and procedures that prescribe penalties for the
	use of e-cigarettes, as defined by Section 38.006, and tobacco
	products by students and others on school campuses or at
	school-sponsored or school-related activities; and
	(3)  a statement providing notice to parents that they
	can request in writing their child's physical fitness assessment
	results at the end of the school year.
	SECTION 4.  The following laws are repealed:
	(1)  Sections 28.004(a), (b), (c), (d), (d-1), (l),
	(l-1), (m), and (n), Education Code; and
	(2)  Section 12.0029(d), Agriculture Code.
	SECTION 5.  This Act takes effect September 1, 2017.