CADDOMILLSSCHOOL HEALTH ADVISORY COMMITTEE

CONSTITUTION AND BYLAWS

CONSTITUTION

I. NAME

The name of this Committee shall be Caddo Mills School Health Advisory Committee (hereafter referred to as “CMSHAC” or “the SHAC”).

II PURPOSE

The purpose of the Caddo Mills School Health Advisory Committee is:

  • A group of individual’s representative of segments of the community, generally appointed by the school district to serve at the district level.
  • Provide advice on coordinated school health programming and its impact on student health and learning
  • Provide recommendations specific to changes and/or additions to the school’s health education curriculum or instruction that impact the entire school district.
  • Uphold the tenets of the State of Texas Education Code Title 2, Chapter 28, Section 28.004, attachment A of this document.

BYLAWS

I. OFFICERS

  1. The officers of the committee shall consist of a Chair, Co-Chair, Secretary, Parliamentarian and Treasurer.
  2. Officers will be appointed by the Caddo Mills School Board.

(a)The Chair shall preside at all Committee meetings and work with CMISD administrators on behalf of the SHAC. The Chair will serve a 2 year term.

(b)The Co-Chair shall assume the duties of the Chair in case of the Chair’s absence. The Co-Chair will serve a 1 year term.

(c)The Secretary shall be responsible for the minutes of the Board, keep all approved minutes in a minute book, maintain member attendance numbers, and send out copies of minutes to all. The Secretary will serve a 2 year term.

(d)The Parliamentarian will ensure that meetings are conducted in accordance with the Constitution and Bylaws of the CMSHAC. The Parliamentarian will serve a 1 year term.

(e)The Treasurer will be accountable for accounting of any fund raising activities, assist the Chair in compiling funding requests for presentation to the School Board, and or any other accounting activities deemed necessary by the Chair or the Committee. The Treasurer will serve a 1 year term.

  1. Intent of resignation from a position by officers should be either by voice or correspondence to the Committee Chair. The Chair will offer up acceptance of nominations at the next meeting following.
  2. Questioning and voting will be conducted at the next scheduled meeting following the acceptance of nominations.This will allow members who are not present to be informed of the vote to fill the vacancy and allow for other nominations to be considered.

IV. MEMBERSHIP

  1. Membership in the SHAC will be by invitation of the Caddo Mills School District Administration to members of the community. This invitation should constitute a broad and representative spectrum of professions and professionals, both public and private. It should also include a mix of families representing the four different schools within the CaddoIndependentSchool District.
  2. Members should verify their acceptance to be a member by written response to the Caddo Mills School District Nurse.
  3. Membership will be for two years from the time of admission.
  4. Each member will share voting rights concerning agenda items brought before the SHAC during meetings.
  5. The number of members in attendance of each meeting will be a part of the SHAC meeting minutes and will be maintained by the Secretary.
  6. The standing number of SHAC members will be a minimum of 14 community members.
  7. School District employees will serve on the committee in an advisory only role. A representative from each of the CMISD Schools should be in attendance at each meeting with attendance being noted by the Secretary.
  8. CMISDSchool representatives will not exercise voting rights concerning SHAC agenda items.

II. STANDING ANDAD HOC COMMITTEES

  1. The board may appoint standing and ad hoc committees as needed for special projects, research, curriculum evaluation, special programs, or to act as representatives for presentations of items to the Caddo Mills School District Administration and School Board.

III. MEETINGS

  1. Regular meetings will be held a minimum of 4 times per school year.
  2. Robert’s Rules of Order (revised edition) is adopted as the authority for parliamentary rules of procedures for all business meetings of this committee.
  3. Special meetings may be called for by the Caddo Mills School District Nurse or District Administration.
  4. Agendas for meetings will be provided to the Chair and the District Nurse a minimum of 14 days in advance.
  5. SHAC meetings are not to be an open forum, however, inclusion of the general public concerning items of interest to the SHAC should be considered in the New Business portion of each meeting.Since the SHAC is to serve an advisory role and not a decision making role,this action will allow for an “open-door” type of access to the SHAC by interested parties.

V. VOTING

  1. A quorum of half of the SHAC members must be present for voting on agenda items to take place and will pass with a simple majority vote.
  2. Changes to By-Laws will require a two thirds majority vote for passage.
  3. Voting will be by show of hands, voice, or by secret ballot as determined by the Chair to determine accuracy of the vote. Results will be recorded by the Secretary in the SHAC meeting minutes.

VI. CONFLICTS OF INTEREST

  1. Any member of the board who has a financial, personal, or official interest in, or conflict (or appearance of a conflict) with any matter pending before the Board, of such nature that it prevents or may prevent that member from acting on the matter in an impartial manner, will offer to the Board to voluntarily excuse him/herself and will vacate his seat and refrain from discussion and voting on said item.

VII. FISCAL POLICIES

  1. The fiscal year of the board will commence on the first regular day of the school year and will end at the beginning of the next following school year.

VIII. AMMENDMENTS

  1. Changes to the Constitution and Bylaws will be made at a regular SHAC meeting.
  2. The proposed change(s) will be submitted in writing to the members at least fourteen- (14) days prior to the time of the proposed vote.
  3. Passage requires a two-thirds (2/3) majority vote.
  4. The SHAC will review the Constitution/By-Laws no less than every school year, whenever the State of Texas has made changes to laws that govern the formation, running, or responsibilities of a SHAC,or as deemed necessary by either the SHAC Committee or the CMISD School Board/ Administration.

XI. ADOPTION

  1. The forgoing Constitution and Bylaws of the Caddo Mills Student Health Advisory Board are so adopted this ___ day of _____, 20__ by a vote in accordance with the Constitution and Bylaws in effect at the time of said vote, which required a “two-thirds vote of all members of the Committee present entitled to vote.”

Attachment A

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES

CHAPTER 28. COURSES OF STUDY; ADVANCEMENT

SUBCHAPTER A. ESSENTIAL KNOWLEDGE AND SKILLS; CURRICULUM

Sec.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 provided in 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 at least five 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.One of those members shall serve as chair or co-chair of the council.The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection:

(1)public school teachers;

(2)public school administrators;

(3)district students;

(4)health care professionals;

(5)the business community;

(6)law enforcement;

(7)senior citizens;

(8)the clergy; and

(9)nonprofit health organizations.

(d-1)The local school health advisory council shall meet at least four times each year.

(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.

(f)A school district may not distribute condoms in connection with instruction relating to human sexuality.

(g)A school district that provides human sexuality instruction may separate students according to sex for instructional purposes.

(h)The board of trustees shall determine the specific content of the district's instruction in human sexuality, in accordance with Subsections (e), (f), and (g).

(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).

(i-1)A parent may use the grievance procedure adopted under Section 26.011 concerning a complaint of a violation of Subsection (i).

(j)A school district shall make all curriculum materials used in the district's human sexuality instruction available for reasonable public inspection.

(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

(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; 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.

(l)The local school health advisory council shall consider and make policy recommendations to the district concerning the importance of daily recess for elementary school students.The council must consider research regarding unstructured and undirected play, academic and social development, and the health benefits of daily recess in making the recommendations.The council shall ensure that local community values are reflected in any policy recommendation made to the district under this subsection.

(m)In addition to performing other duties, the local school health advisory council shall submit to the board of trustees, at least annually, a written report that includes:

(1)any council recommendation concerning the school district's health education curriculum and instruction or related matters that the council has not previously submitted to the board;

(2)any suggested modification to a council recommendation previously submitted to the board; and

(3)a detailed explanation of the council's activities during the period between the date of the current report and the date of the last prior written report.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 907, Sec. 2, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 944, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 784, Sec. 2, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1377, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 729, Sec. 1, eff. September 1, 2009.