Texas Department of State Health Services

School Health Program

Texas School Health Advisory Committee

Meeting Minutes

October 16, 2006, 10:00 a.m.

Winters Human Services Complex, Room 125C

Austin, Texas

Type of Meeting:

/

Texas School Health Advisory Committee

Presiding Officer:

/

Jane Tustin, R.N., Presiding Officer

Staff Contact:

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Ellen Kelsey, DSHS School Health Program, Information Specialist

Staff Recorder: / Laurie Anderson, DSHS School Health Program, Public Health Tech
Members Present: / Elvia Andarza, Kimberly Avila-Edwards, Tracy Biediger, Rhonda Carr, Robert Conlon, Dian Cooper, Carey Dabney, Pamela Ernest, Courtney Felder-Dodd, Robin Harvel, Marissa Rathbone, Kelly Reed, Dora Rivas, Linda Seewald, Anita Wheeler
Members Absent: / Cathy Harris, Jan Hungate, Yolanda Taylor,
Guests: / Monty Waters, DSHS, Attorney and Assistant General Council, Jana Zumbrum, Manager, DSHS Health Promotion Unit, Barbara Keir, Manager, DSHS Chronic Disease Prevention Branch, Marion Stoutner, Manager, DHSH Child Health and Safety Group, Mike Hill, Coordinator School Health Network Project, DSHS, School Health Program
Agenda item: / Welcome-call to order- agenda review
Presenter: / Jane Tustin
Discussion: / §  Agenda reviewed and approved
§  Roster routed for corrections
§  Roster correction noted that Kimberly Avila-Edwards is Assistant Presiding Officer
§  Jane informed members that agenda items could not be added for today’s meeting but items for the next agenda can be brought to the group’s attention at the end of today’s meeting
Outcome: / Informational/educational
Action items: / None
Agenda item: / Introduction of members, guests, and staff
Presenter: / Jane Tustin
Discussion: / Members, DSHS staff and guests were asked to introduce themselves
Outcome: / Informational
Action items: / None
Agenda item: / Background of and rationale for the TSHAC
Presenter: / Jane Tustin
Discussion: / Purpose of TSHAC Committee
§  TSHAC created by law to provide assistance to the Council in providing a leadership role for DSHS in support for and delivery of CSH programs and school services
§  The strategies for accomplishing this will be left up to this committee
§  Recommendations from this committee will then be sent to the DSHS council annually
§  This advisory group is a volunteer, not a state employee group
A review of the 8 components of CSH was given as well as an explanation of the difference between the TSHAC and local district SHACs.
Outcomes: / §  Distinction that TSHAC is an advisory group and not a policy-making group.
§  Understanding the committee is open to all recommendations; and,
§  Education regarding CSH and supporting agencies and stakeholders
Action items: / None
Agenda item: / Open meetings training
Presenter: / Jane Tustin
Discussion: / §  Viewed open meetings training DVD from Attorney General’s Office
§  Open Meetings Act affects this committee.
§  This training is required by law
Outcome: / Informational
Action items: / Certificates of completion will be mailed to members
Agenda item: / Member roles and responsibilities
Presenter: / Monty Waters, Attorney, DSHS Assistant General Counsel
Discussion: / §  Open meetings training
P  Distinction between statute and rules was explained: Statute is the law and it would take another law to amend it; and rules are developed by DSHS to provide guidelines to the law, and can be amended by Health & Human Services Council (final authority, Alfred Hawkins, Executive Commissioner)
P  TSHAC closed sessions or executive meetings not anticipated
P  Only those agenda items posted on Texas Registry can be discussed in a meeting. Agenda items must be given in writing to the TSHAC chair.
P  Every document (emails, notes, etc.) TSHAC generates are open records and must be kept for a period of time indicated by a “records retention schedule” as indicated by staff.
P  Committee member’s notes should be kept for term of service and then turned over to DSHS staff
§  Committee Responsibilities
P  provide assistance to DSHS council in establishing a leadership role for DSHS in support for and delivery of coordinated school health programs and services
P  deliver an annual report to DSHS council
P  TSHAC should try to get on the SHS Council agenda to deliver the annual report.
§  No liability for service on committee because
P  Volunteer position
P  Only product of TSHAC is advice
§  Ethics
P  Do not accept gifts, bribes, honorariums, etc. that may affect your vote
P  The Ethics Committee has established a limit of $50 maximum on gifts (including meals) that are acceptable.
P  Do not accept honorarium if you think it was based on your membership to TSHAC
§  Lobbying (in rules, subsection L)
P  defined as going to legislature/state council board to influence them
P  members should use caution on how they represent themselves
P  members have 1st amendment right and can endorse issues individually but not as representative of TSHAC
Outcomes: / §  Legislative aides can attend TSHAC meetings for feedback on bill analysis and, TSHAC member discussions with legislative aides are acceptable.
§  The terms council and committee are used interchangeable and generally mean the same. Both are defined as: a volunteer government body that requires the appointment of members by the DSHS Commissioner or HHSC Executive Commissioner
§  Clarification given about DSHS staff roles, committee members responsibilities, and required members responsibilities
§  Current TSHAC is a different group from the state SHAC that operated from 2001-2003.
P  The current SHAC has a different charge and a broader more diverse category of membership and charge.
P  It also requires membership from the three state agencies: Texas Education Agency, Texas Department of Agriculture and Department of State Health services.
P  TSHAC can analyze proposed legislation related to the school health program and TSHAC charge; and, make available that analysis to its constituents as long as the information remains within the confines of its original charge.
P  Furthermore, TSHAC can recommend to the DSHS council proposed legislation based on this analysis or analysis of an already proposed legislation.
Action items: / Members would like the names of the DSHS Council members (Can be found online at: www.dshs.state.tx.us/council/members.shtm )
Agenda item: / CSH middle school curriculum criteria review
Presenter: / Marissa Rathbone, Director, Health and Physical Education,
Texas Education Agency
Discussion: / Review of Handouts
§  Legislation (blue handout)
P  Senate Bill 19
P  Senate Bill 1357
P  Senate 42
§  Education Code (yellow handout)
P  Important when looking at criteria because it reflects the most
P  recent legislation on Senate Bill 42
§  Chapter 102. Educational Programs Subchapter CC (2nd yellow
handout) Handout reflects criteria for Elementary School Students. CSH middle school curriculum criteria to be reviewed today.
§  Commissioner’s Rules – Criteria (green handout)
Members, as required by law, were given an opportunity to review and comment on the Commissioner’s Rules on CSHP. A few general points of information follow and a document detailing the recommendations is attached:
P  Criteria has been on Texas Register since May 2006; during the 30 day period 1 letter received with concerns
P  State Board of Education will be informed of outcomes but not involved in this process
P  Another yet to be appointed committee will actually review the programs based on the criteria
P  Information was presented on the 2 bills (SB19 and 1357) that preceded SB42
P  Clarification given on 8 component model of CSH, 4 specified components of CSH model required by law
Outcome: / A document is attached detailing the CSHP criteria development comments and questions by the TSHAC.
Action items: / Members will receive the following information in follow up to this discussion topic:
§  a record of their comments on this topic (attached)
§  information, including cost, on all four approved elementary CSH programs and links to the program’s Web sites
§  Data on districts already adopting a CSH program, which program they have adopted and to what extent it has been adopted or implemented was requested for study by the TSHAC.
§  Investigate if CSHP will be a part of “deck visits” by TEA to verify compliance.
Additional action:
§  Nominations for the Review committee solicited – Deadline 10-20.
§  Additional comments on criteria accepted until 5:00 p.m. – 10-17.
Agenda item: / Set next meeting date. Call for agenda topics.
Presenter: / Jane Tustin
Outcomes: / §  Reminder that agenda must be posted 10 days prior to meeting; once it is posted, agenda cannot change.
§  Any agenda topics must be submitted in writing to chair before posting.
§  Request for an educational topic to be presented at each meeting on one of the 8 components of CSH.
Suggested agenda items: / §  DSHS Survey – Anita
§  CSH Criteria Committee Update – Marissa
§  Presentation of Proposed Legislation for 80th Session
§  Propose legislation to expand out TSHAC charge to include proposing legislation
§  Proposed amendment to law to expand TDA requirement to include all TX Food Policies
§  Clarification on policies: US or TX
§  Propose legislation addressing accountability for CSH in K-8
§  Strategic Planning (partial planning)
§  Overview of nutrition component by nutrition member
Action item: / A new roster will be sent to members with addresses, titles and place of employment of members
Next meeting: / Next meeting date: Monday, December 11, 2006; 9:30 a.m. to 4:00 p.m.; DSHS, Room T607
Adjourn: / Meeting adjourned at 4:00 p.m.

TSHAC Mtg Minutes Page 1

Oct. 16, 2006