TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 102. EDUCATIONAL PROGRAMS

Subchapter CC. COMMISSIONER'S RULES CONCERNING COORDINATED HEALTH PROGRAMS

19 TAC §102.1031

The Texas Education Agency (TEA) proposes new §102.1031, concerning coordinated health programs for elementary school students. The proposed new section would establish criteria for evaluating school health programs in accordance with the Texas Education Code, §38.013, as amended by Senate Bill (SB) 1357, 78th Texas Legislature, 2003.

SB 19, 77th Texas Legislature, 2001, requires school districts to implement coordinated school health programs by 2007. In 2002, the TEA organized a committee to develop criteria for evaluating programs that were submitted for approval. Two programs were approved for use in complying with SB 19.

SB 1357, 78th Texas Legislature, 2003, amended TEC, §38.013, to require the commissioner of education to include, in rule, the criteria for evaluating school health programs. In August 2003, a new committee was formed to review the criteria used in the 2002 evaluation and recommend modifications if needed. The revised criteria will be used to evaluate new programs that are submitted for use in the schools. In accordance with SB 1357, the criteria have been developed in consultation with the Texas Department of Health's School Health Advisory Committee.

Proposed new 19 TAC §102.1031 requires that the Texas Education Agency make available to each school one or more coordinated health programs; establishes the criteria for evaluating school health programs; and addresses health programs developed by schools, submission of programs for evaluation, and availability of programs.

Susan Barnes, associate commissioner for standards and programs, has determined that for the first five-year period the new section is in effect there will be no fiscal impact anticipated for state or local government as a result of enforcing or administering the new section. A fiscal note was developed for SB 1357. No fiscal implications were reported in the note. This rule is proposed to implement statute. There is no direct fiscal impact associated with adoption of this rule; however, school districts may need to expend funds to acquire approved school health programs. In some cases, school districts may use locally developed programs if the programs meet the established evaluation criteria.

Dr. Barnes has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be the increased opportunity for elementary school students to learn about the benefits of a lifestyle that includes a healthy diet and exercise. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Division of Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The new section is proposed under the Texas Education Code, §38.013, as amended by SB 1357, 78th Texas Legislature, 2003, which authorizes the commissioner to by rule adopt criteria for evaluating a coordinated health program

The new section implements the Texas Education Code, §38.013 and §38.014.

§102.1031.Criteria for Evaluating Coordinated Health Programs for Elementary School Students.

(a) Program purpose. In accordance with Texas Education Code (TEC), §38.013, the Texas Education Agency (TEA) shall make available to each school district one or more coordinated school health programs designed to prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary school students. Each program must provide for coordinating:

(1) health education;

(2) physical education and physical activity;

(3) nutrition services; and

(4) parental involvement.

(b) Evaluation criteria. The commissioner of education may make available under subsection (a) of this section only those coordinated school health programs that meet the following criteria.

(1) The program coordinates physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement.

(2) The program is implemented and coordinated within and across Kindergarten-Grade 5. A program may be submitted that also includes Prekindergarten and/or Grade 6.

(3) The program has a training component that includes physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement activities and coordinates the four components of subsection (a). The training component must include teaching staff and parents.

(4) The program curricular components (health education and physical education) are based on Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education) and Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).

(5) The program is supported by peer reviewed empirical evidence of effectiveness.

(6) The program includes assessment tools for schools to measure cognitive, behavioral, and attitudinal changes related to the four components.

(7) The program is based on health education theory and national standards for instructional and/or industry best practices in each of the four components described in subsection (a).

(8) The program allows for tailoring to schools' individual needs and can be adapted to a variety of specific situations: ethnic diversity, children with disabilities, school schedules, socioeconomic status, geographic locations, and gender differences.

(9) The program trains school district staff in the annual use of assessment and planning tools for school health programs and policies, such as the elementary school version of the School Health Index available at the National Centers for Disease Control and Prevention website.

(c) Health programs developed by school districts. Coordinated school health programs that are developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs.

(d) Submission of programs for evaluation. Coordinated school health programs may be submitted annually for evaluation on a schedule to be determined by the commissioner. Programs will be approved for a period of three years.

(e) Availability of programs. The TEA shall notify each school district of the availability of each coordinated school health program approved by the commissioner.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 14, 2004.

TRD-200400241

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: February 29, 2004

For further information, please call: (512) 475-1497