85R12448 SRS-D     By: Swanson H.B. No. 4206       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.