Legislative Updates - School Health

• The Care of Students with Diabetes in School (79th 2005 Session)
• K-8 Grade Physical Activity for Students (79th 2005 Session)
• District School Health Advisory Councils (79th 2005 Session)
• K-8 Grade Coordinated School Health (79th 2005 Session)
• Accountability for compliance of unfunded school health program mandates (79th 2005 Session)
• Health as an Enrichment Curriculum (79th 2005 Session)
• The Establishment of a State-Level School Health Advisory Comittee (79th 2005 Session)
• Lauren's Law (79th 2005 Session)
• Child Care and Pre-K Mandatory Immunization Requirements (79th 2005 Session)
• Sample School Asthma Action Plan Regarding House Bill 1688 (77th 2001 Session) (25K, PDF)
• SB31Required Information to Parents Regarding Bacterial Meningitis (77th 2001 Session). The following Fact Sheet on Bacterial Meningitis will provide additional information:
  English (16K, PDF)            Spanish (18K, PDF)
• Required Immunizations for School-aged Children (74th 1995 and 78th 2003 Sessions)
• Voluntary Indoor Air Quality Guidelines for Schools (74th 1995 and 77th 2001 Sessions)
• Playground Equipment Standards (74th 1995 Session) This web page includes additional Safety Standards for Schools.

Federal Public Law (PL 108.265 Section 204) states that by the first day of the 2006 school year beginning after June 30, 2006 all schools must develop a local wellness policy that involves parents, students, a representative from the School Food Authority, school board, school administrators and the public. The Local Education Authority (LEA) will establish a plan for measuring implementation of the local wellness policy. To learn more about it or access sample policies, the following policies are available:
(1) National Association of State Boards of Education. Fit, healthy and ready to learn. Available at:
www.nasbe.org/HealthySchools/fithealthy.html. Accessed March 7, 2005.
(2) United States Department of Agriculture, Food Safety and Inspection Service. Food safety and emergency preparedness.Available at: www.fsis.usda.gov/Food_Security_&_Emergency_Preparedness/index.asp. Accessed March 7, 2005.
(3) Texas Agriculture Commission. Creating a course for change. Available at:
www.squaremeals.org/fn/home/page/0,1248,2348_0_0_0,00.html. Accessed March 7, 2005
(4)Model School Wellness Policies www.schoolwellnesspolicies.org/.
(5)Action for Healthy Kids www.actionforhealthykids.org/wellnesstool/index.php

THE CARE OF STUDENTS WITH DIABETES IN SCHOOLS:
In 2005, the 79th legislature enacted the care of students with diabetes in schools now codified in the HEALTH & SAFETY CODE CHAPTER 168. CARE OF STUDENTS WITH DIABETES
Sec. 168.001., which mandated the following:

• Identification and training of school staff to assist with the care of students, referred to as unlicensed diabetes care assistants (UDCAs);
• Development and implementation of a medical management and treatment plan;
• Development of an individualized health plan; and
• A provision that a student can self-manage his/her care at any time during the school day anywhere on the school grounds or at any school-related activity.

Training for the UDCAs is required to be coordinated by the school nurse. If there is no school nurse, the bill requires that the training be conducted by a health care professional with expertise in the care of persons with diabetes.The number of UDCAs will vary depending on whether a school campus has a full-time school nurse who is a registered nurse. A school with a full-time school nurse must have one trained UDCA; a school without a full-time school nurse is required to have three UDCAs.

The bill also requires bus drivers and other staff that transport students have a one-page information sheet that identifies students with diabetes, identifies potential emergencies and the appropriate response(s) to those situations; and, provides the telephone number of a contact person in case of an emergency.

The code also requires the Texas Diabetes Council (TDC) to develop training guidelines. On July 21, 2005 the Council recommended the National Diabetes Education Program’s Helping the Student with Diabetes Succeed, a guide to educate school personnel about diabetes, how it is managed, and how each member of the school staff can help meet students’ needs. These guidelines may be used in training the unlicensed diabetes care assistants as outlined in the bill. You can access the guidelines through links on the TDC website at www.texasdiabetescouncil.org.

PHYSICAL ACTIVITY :
Physical activity is mandated by legislation for elementary, middle and junior high school students as a result of the combined 77th, 78th and 79th legislative sessions, as approved by the State Board of Education (SBOE) And, schools are to make available for public inspection the school's policy to ensure that students receive the minimum amount of daily physical activity.

Chronology of the Rulings:

• In 2001, the 77th legislature enacted 30 minutes a day or 135 minutes a week in grades K-6 but only as a mandate with State Board of Education (SBOE) approval.
  
  The Texas legislature gave authority to the (SBOE) to adopt rules that mandate the daily physical activity in elementary schools up to a maximum of 30 minutes a day. A local school board may adopt a standard that exceeds this minimum. A local School Health Advisory Council (SHAC), for example, has the authority to step in and make recommendations to the local School Board for stronger requirements.
  
  Schools were also required to ensure that the Texas Essential Knowledge and Skills (TEKS) for Physical Education were followed which helps to ensure that students are involved in effective and structured activity. The advice of their (SHAC) must be considered in determining how physical activity should be linked to health education.
  
  
• In 2003, the 78th legislature changed the mandate to a law and added the school accountability component.
  
  
• In 2005, the 79th legislature gave the (SBOE) authority to chose to adopt rules for expansion of the requirement for daily physical activity into middle school and junior high school. Students may participate in physical education twice a week or have the option to schedule at least two semesters overall with exemptions for participation in extracurricular activities; both at school or in private leagues.

Section 28.002, Education Code was amended by amending Subsection (l) and adding Subsections (l-1) and (l-2) to read as follows: The State Board of Education…by rule may require a student enrolled in kindergarten or a grade level below grade nine to participate in daily physical activity as part of a school district’s physical education curriculum or through structured activity during a school campus’s daily recess, except that the board may not require more than 30 minutes of daily physical activity. If the Board adopts rules under this subsection, the board must ensure by rule that students enrolled in middle and junior high school settings are allowed to meet the physical activity requirement by participating in physical activity twice each week throughout the school year or the option to schedule at least two semesters overall. (See text of the bill for complete list of exemptions)

DISTRICT SCHOOL HEALTH ADVISORY COUNCILS
School Health Advisory Councils
Each school district must establish a district school health advisory council (SHAC) to assist the district in ensuring that local community values are reflected in the district's health education instruction as mandated by combined legislation from the 76th, 77th and 78th sessions. A school district must consider the recommendations of the SHAC before changing the health education curriculum or instruction. The SHAC’s duties include recommending:

1. The number of hours of instruction to be provided in health education 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.
2. Appropriate grade levels and methods of instruction for human sexuality instruction; and
3. Strategies for integrating the curriculum components of health education, physical activity, nutrition services and parental involvement 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

The district school board must appoint SHAC members. A majority of the members must be individuals who are parents of students enrolled in the district and who are not employed by the district. The board also may appoint one or more individuals from each of the following: public school teachers; public school administrators; district students; health care professionals; the business community; law enforcement; senior citizens; the clergy; and nonprofit health organizations.

The district must make available for reasonable public inspection the number of times the SHAC has met; whether the district has adopted and enforces policies that comply with vending machine and food service policies; and, 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 and school-related events and activities.

Chronology of the Rulings:

• 77th legislature in 2001 broadened the scope of the School Health Advisory Council (SHAC) mandated in 1995 as a “sexuality education only” based decision-making council, to include a coordinated approach to health education including health and physical education, nutrition services, parental involvement and prevention and the use of tobacco. Membership was expanded to include parents, school staff, healthcare professionals, community professionals, clergy and representatives from not-for-profit agencies.
• 78th legislature in 2003 increased the scope of SHACs even greater to include all 8 components of a coordinated school health program and placed accountability for SHAC meetings, compliance with vending machine regulations and student access to tobacco laws on campus in the hands of each school district.

§ 28.004. LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND HEALTH EDUCATION INSTRUCTION.

(a) The board of trustees of each school district shall establish a local school health 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 advisory council before changing the district's health education curriculum or instruction.
(c) The local school health advisory council's duties include recommending:
(1) the number of hours of instruction to be providedin 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;
(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 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.

Additional information on School District Health Advisory Councils can be accessed on the School Health Program Web site at: www.dshs.state.tx.us/schoolhealth/sdhac.shtm

COORDINATED SCHOOL HEALTH
By 2007 each school district must participate in an appropriate training for a coordinated school health program to be implemented in grades K-5. The Texas Education Agency will make available to districts, a selection of coordinated school health programs that meet specific criteria recommended through a panel of experts, open to public comment and approved by the Commissioner of Education. The ruling took effect in 2001 for elementary schools and expanded to middle and junior high schools in 2005.

Chronology of the rulings:

• In 2001, 77th legislature directed the Texas Education Agency to make available a coordinated school health curriculum and requires every school system to be trained in its implementation by 2007.
• In 2003, the 78th legislature directed the Texas Education Agency to make available more than one coordinated school health curriculum and directed the Commissioner of Education to adopt criteria for evaluating those programs submitted for approval. It also opened up opportunity for public comment regarding criteria, evaluation process, programs submitted, etc.; and, gave the Commissioner full authority to the make the final decision regarding all matters relating to the submitted programs.
• In 2005 the 79th legislature directed the Texas Education Agency to expand the availability of coordinated school health curriculum to middle and junior high school students; and, directed each school district to participate in appropriate training and implement their program of choice in each middle and junior high school.
  
  In addition, and as it relates to adopting additional coordinated school health programs submitted for state-wide approval and use, the following legislation was also passed into law during this session:
  
  It allows the Commissioner of Education to adopt criteria for evaluating the nutrition services component of a program to ensure compliance with the Texas Department of Agriculture policies relating to foods of minimal nutritional value;

Section 38.013, Education Code, is amended to reach as follows:
COORDINATED HEALTH PROGRAM FOR ELEMENTARY, MIDDLE, AND JUNIOR HIGH SCHOOL STUDENTS.Section 38.013, Education Code, is amended y amending Subsections (a) and (a-1) and adding Subsection (c) to read as follows:

(a) The agency shall make available to each school district one or more coordinated health programs designed to prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary school, middle school, junior high school students. Each 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 evaluation 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 Department of State Health Services School Health Advisory Committee.
(c) The commissioner by rule shall adopt criteria for evaluating the nutritional services component of a program under this section that includes an evaluation of program compliance with the Department of Agriculture guidelines relating to foods of minimal nutritional value.

Additional information on coordinated school health can be accessed on our School Health Program Web site at www.dshs.state.tx.us/schoolhealth/csh.shtm or contact the Texas Education Agency at the links provided earlier on this page.

ENRICHMENT CURRICULUM
Each district offering K through 12th grades had been mandated during the 1996 legislative session to offer Health as a required, enrichment curriculum. In 2005, the 79th legislature directed the Texas Education Agency to amend the Texas Education Code to identify that health would now be taught “with an emphasis on proper nutrition and exercise.”

Section 28.002, Education Code, is amended by amending Subsection (a) to read as follows:

(a) Each school district that officers kindergarten through grade 12 shall offer, as a required curriculum:
2) an enrichment curriculum that includes:
B) health, with emphasis on the importance of proper nutrition and exercise.

ACCOUNTABILITY FOR MANDATES
Schools are now accountable for a number of mandates enacted in 2003 and 2005 including the physical activity requirements, use of tobacco products, SHAC activities and food service policies imposed by the Texas Department of Agriculture.

Chronology of the rulings:

• In 2003, the 78th legislature mandated that schools make available for public inspection the school's physical activity policy to ensure that students receive the minimum amount as required by law.
• In 2005, the 79th legislature put more detail in the accountability component of the law. It requires:
  1. Schools to publish in student handbooks and post on their websites;
  • Policies regarding compliance with health and physical activity legislation including data relating to student health and physical activity;
  • Policies regarding compliance with vending machine and food service guidelines;
  • 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; and,
  • The number of times during the preceding year the district’s school health advisory council met
  
  2. Districts to provide the same report for each campus to the Commissioner of Education; which, will then be reported to the Texas legislature no later than December 1st of each year.

Section 28.004, Education Code, is amended to read as follows:

(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 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 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
(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.

Chapter 38, Education Code, is amended by adding Section 38.0141 to read as follows:
Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED. Each school district shall provide to the agency information as required by the commissioner, including statistics and data, relating to student health and physical activity and information described by Section 28.004 (k), presented in a form determined by the commissioner. The district shall provided the information required by this section for the district and for each campus in the district.

STATE-LEVEL SCHOOL HEALTH ADVISORY COMMITTEE
Texas School Health Advisory Committee (TSHAC)
In 2005 the 79th Legislature, by law, directed the The Health and Human Services Commission by rule to establish a state-level SHAC for the purpose of providing leadership to the Department of State Health Services in support for and delivery of coordinated school health programs and school health services. Please visit the TSHAC Web page of the School Health Web site for details about this new committee.

Chapter 1001, Health and Safety Code, is amended by adding Section 1001.0711 to read as follows:
Sec. 1001.0711. SCHOOL HEALTH ADVISORY COMMITTEE. (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.

LAUREN’S LAW
Lauren’s Law
“Lauren’s Law” – SBOE, Department of State Health Services (DSHS) or a school district may not adopt any rule, policy or program that would prohibit a parent or grandparent from providing any food product of the parent’s or grandparent’s choice to children in the classroom of their child on the occasion of the child’s birthday or children at a school-designated function.

Section 28.002, Education Code was amended by amending Subsection (l) and adding Subsection (l-3) to read as follows:
(l-3) (1) this subsection may be cited as “Lauren’s Law.”
(2) The State Board of Education, the Department of State Health Services, or a school district may not adopt any rule, policy, or program under Subsections (a), (k), (l), (l-1), or (l-2) that would prohibit a parent or grandparent of a student from providing any food product of the parent’s or grandparent’s choice to
(B) children in the classroom of the child of the parent or grandparent on the occasion of the child’s birthday; or
(C) children at a school-designated function.