School Health Advisory Council (SHAC)

As defined by the Texas Department of State Health Services (DSHS), a School Health Advisory Council (SHAC) is appointed by the school district to serve at the district level and to provide guidance to the district on coordinated school health programming (curriculum) and its impact on student health and learning. The group of individuals represent segments of the community. More information regarding school health advisory councils can be found on the DSHS website. 

 The board of trustees of each school district shall establish a local SHAC as defined in Texas Education Code (TEC), Chapter 28, Section (SEC) §28.004.

• The SHAC assists the district to ensure that local community values are reflected in the district's health education instruction.

• Open-enrollment charter schools are not required by law or rule to have a SHAC. Additionally, a district designated as a District of Innovation (DOI) is permitted to be exempted from certain requirements in Texas Education Code, including TEC, §28.004(a).  DOIs must specify in their approved local innovation plan whether they are exempted from this statute.  While not required, It would be considered a best practice to have a SHAC.  

Is every public school district required to have a SHAC?

• Yes, every public school district is required to have a SHAC.

• TEC §28.004 does not apply to Open Enrollment Charter Schools; however, it is best practice.

District of Innovation:

• Texas Association of School Boards (TASB) Board Policy AF (LEGAL) (Districts should refer to their own (LEGAL & LOCAL) board policy.) includes a list of prohibited exemptions, which reflects Texas Administrative Code (TAC) rules - https://tea.texas.gov/sites/default/files/ch102jj.pdf.

• It is recommended to consult with district legal counsel or with TASB Legal Services. 

• The board of trustees shall appoint at least five members to SHAC.

• A majority of members must be parents of students enrolled in the district and who are not also employed by the district.

• One of the parent members must serve as the chair or co-chair of the council.

• Board of Trustees may also appoint one or more members from each of the following groups or a representative from a group not listed below:

  • • District employed teachers

    • District employed counselors

    • District employed school administrators

    • District students

    • Health care professionals

    • Business community

    • Law enforcement

    • Senior citizens

    • Clergy

    • Nonprofit health organizations

    • Local domestic violence programs

Required to meet at least 4 times during the school year.

TEC §28.004(d-1) 

• For each meeting, the SHAC shall:

1. At least 72 hours prior to the meeting:

• Post notice of date, time, location, and subject of SHAC meeting in central administrative office at each campus in the school district.

• Post notice on the district’s internet website.

2. Prepare and maintain minutes of the meeting:

• Include subject and content of each deliberation and each vote, order, decision, or other action taken by the SHAC during the meeting.

• Make audio or video recording of the meeting.

3. Submit the minutes and audio or video recording of the meeting to the district not more than 10 days after the meeting was held.

4. The district must post minutes and the audio or video recording on the district's website as soon as practicable.  TEC §28.004(d-1) 

• SHAC meetings are not subject to all Texas Open Meetings Act requirements.  However, a SHAC must comply with certain requirements as outlined in TEC, §28.004(d-1) and (d-2), 

• Public comment is not required.  Communication is encouraged and is considered best practice. 

SHAC makes policy recommendations to the school board on a wide variety of issues regarding student health in district programming and curriculum, including: 

• • Recommend the number of hours of instruction to be provided in:

    • • K-8 health education; and

      • if the school district requires health education for high school graduation, health education, including physical health education (9-12), and 

      • mental health education (9- 12);

  • Recommend policies, procedures, strategies, and curriculum appropriate for specific grade levels designed to prevent 

    • • Physical health concerns (includes obesity, cardiovascular disease, and Type 2 diabetes), and 

      • Mental health concerns (including suicide)

through coordination of health education (physical and mental),  school health services, mental health services; physical education and physical activity; a comprehensive school counseling program (under Section 33.005), parental involvement, a safe and healthy school environment, instruction on substance abuse prevention, and school employee wellness.

• • Recommend strategies for integrating health curriculum components in a coordinated school health program for the district; if feasible, joint use agreements or strategies for collaboration between the district and community organizations or agencies; 

  • Recommend strategies to increase parental awareness regarding 

    • • risky behaviors and early warning signs of suicide risks and behavioral health concerns, (including mental health disorders and substance use disorders) Tex. Educ. Code § 28.004(c) and available community programs and services that address risky behaviors, suicide risks, and behavioral health concerns. 

  • Recommend appropriate grade levels and methods of instruction for human sexuality instruction.

  • Recommend appropriate grade levels and curriculum for instruction regarding the dangers of opioids, including instruction on:

    • • Opioid addiction and abuse, including addiction to and abuse of synthetic opioids such as fentanyl; and methods of administering an opioid antagonist (as defined by Section 483.101, Health and Safety Code)  

      • Health Education Texas Essential Knowledge and Skills (TEKS) Aligned to Fentanyl Abuse Prevention and Drug Poisoning Awareness (PDF)

  • Recommend appropriate grade levels and curriculum for instruction regarding

    • • Child abuse

      • Family violence 

      • Dating violence 

      • Sex trafficking, (including warning signs that a child may be at risk for sex trafficking) Tex. Educ. Code § 28.004(c)(3), (c)(8). 

  • SHAC recommendations must not conflict with required Texas Essential Knowledge and Skills (TEKS) curriculum.

*see More Resources for Guidance section below for more information

Each district that participates in the National School Lunch Program and/or the School Breakfast Program must develop, implement, and assess a local wellness policy under the federal Health, Hunger-Free Kids Act of 2010 and U.S. Department of Agriculture (USDA) rules.  

A Local Wellness Policy (LWP) is a written document of official policies that outlines district level goals to establish, evaluate, and maintain healthy school environments.  The LWP describes how the district will address local, state, and federal requirements for nutrition education and promotion, physical activity, and school based activities that promote student wellness.  The LWP is written by the School Health Advisory Council and approved by the school board.  

Once the LWP is approved, the SHAC develops the wellness plan.  The wellness plan generates a strategy that describes how the policies will be implemented into the school environment.  Every three years, the district must complete a triennial assessment to evaluate school compliance and progress towards attaining goals in the LWP.   

Both a Local Wellness Policy and a Wellness Plan are necessary to meet the requirements of the applicable laws (above).  

Texas Association of School Board’s (TASB) FFA (LOCAL) Wellness Policy worksheet (docx) provides guidance to help the district’s school health advisory council (SHAC) draft a wellness policy.  The worksheet includes: 

• Guidance for policy text to comply with federal law, and

• Options for addressing other components which must be included

• Send the completed worksheet to your TASB policy consultant, who will create an FFA (LOCAL) policy for board adoption.  

TASB’s Wellness Plan Template (docx) provides guidance for implementing the district’s wellness policy.  Although the wellness plan is not subject to board adoption, it should be posted on the district’s website. 

The Texas Department of Agriculture’s Administrator’s Reference Manual provides guidance for completing the triennial assessment (see Section 29, Local Wellness Policy). 

TEC §28.004 (l-1) requires the SHAC to establish a physical activity and fitness planning subcommittee to:

•  consider issues related to student physical activity and fitness, and

•  make policy recommendations to increase physical activity and improve fitness among students.

Recommendations made by the physical activity and fitness planning subcommittee should be included in the SHAC’s annual report to the board.

The local SHAC must submit an annual written report to the school board that includes:

• any SHAC recommendation concerning the school district's health education curriculum and instruction;

• any suggested modification to a SHAC recommendation previously submitted to the board;

• a detailed explanation of the SHAC's activities during the period between the date of the current report and the date of the last prior written report; and

• any recommendations made by the physical activity and fitness planning subcommittee of the SHAC.

TSHAC has developed a PowerPoint presentation template to assist SHACs with their annual report to the board. This template may be downloaded from the TSHAC website at the following web address: School Health Advisory Committee: Resources (texas.gov)

TEC §28.004

School boards must adopt a policy on the process for adoption of materials for human sexuality instruction. 

• The policy must require at least two public meetings of the SHAC.

• The policy must also require the board to adopt a resolution convening the SHAC to determine curriculum for human sexuality Instruction.

After the public meetings, the SHAC will make recommendations to the board. The board will take action on the recommendations “by a record vote at a public meeting.” TEC § 28.004(e-1). The board must ensure that the curriculum materials are: 

• based on advice from the SHAC;

• suitable for the subject and grade level; and 

• reviewed by academic experts in the subject and grade level. TEC § 28.004(e-3). 

Under TEC §28.004, school districts must provide written notice to parents before each school year of the board of trustees’ decision regarding whether the district will provide human sexuality instruction to students. 

• If instruction will be provided, the notice must include a statement informing the parent of the instructional requirements under state law and a “detailed description” of the content of the instruction to be provided and a general schedule for its provision. 

• The notice must also include a statement of the parent’s rights to review and/or purchase curriculum materials, to remove the student from any part of the district’s human sexuality instruction without penalty, and to use the local grievance process or TEA complaint procedures to complain about a violation of this law. 

• The notice must also include a statement that any portion of the district’s human sexuality curriculum that is in the public domain (i.e., non-copyrighted) must be posted on the district’s website.

• Schools must also notify parents about how they can get involved in the development of the curriculum. TEC §28.004(i).

Under prior law, a parent had the right to opt a student out of human sexuality instruction. After House Bill 1525 (2021), schools must obtain written parental consent to opt-in before providing human sexuality instruction to a student. 

• A district’s request for parental consent may not be included with any other notification or request, other than the notice about human sexuality instruction. 

• The notice must be provided to the parents at least 14 days before instruction is to begin. TEC §28.004(i-2). The law defines “human sexuality instruction” to include instruction in reproductive health. TEC §28.004(p)(2). 

The process for adopting instruction on child abuse, family violence, dating violence, and sex trafficking is very similar to the process for adopting curriculum and instruction on human sexuality. 

• The school board must adopt a policy on the adoption of curriculum materials. 

• The board must adopt a resolution convening the SHAC for the purpose of making recommendations to the board. 

• The SHAC must hold two public meetings and provide recommendations to the board. Tex. Educ. Code § 28.004(q-1). 

• The board must ensure that the curriculum materials are: 

  • based on advice from the SHAC; 

  • suitable for the subject and grade level; and 

  • reviewed by academic experts in the subject and grade level. TEC § 28.004(q-3).

The process for parent notification and consent is also similar to the process required for human sexuality instruction. 

• The district must provide written notice of the instruction, which includes items specified by law, including the parent’s right to review or purchase the materials and to remove their student from instruction. TEC §28.004 (q-5). 

• The district must also obtain written parental consent before providing a student with instruction on child abuse, family violence, dating violence, and sex trafficking.  TEC §28.004 (q-6) 

• The dating violence policy may be found in the district improvement plan.  

• Curriculum materials that are not copyrighted must be made available to the parents by mail or email upon request. 

• The materials must also be posted to the district’s website. 

• If the curriculum materials are copyrighted, the district must allow parents to review the materials at the student’s campus at any time during regular business hours. The parent may also purchase a copy of the curriculum materials from the publisher or review the materials online in a secure format. TEC § 28.004(j)-(j-2), (q-2).

• Addressing Dating Violence in Public Schools

• Child Welfare Issues in Texas Public Schools

• FAQ on the SHAC and the Adoption of Instructional Materials

• BDF (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• BQ (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• EFA (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• EHAA (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• FFA (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• FFH (LEGAL) Districts should refer to their own (LEGAL & LOCAL) board policy.

• TASB FFA (LOCAL) Wellness Policy Development Worksheet (Word)

• TASB FFA (LOCAL) Wellness Plan Template (Word)

• TASB Legal Services FAQ's

• TASB Student Health and Wellness (webpage)

• TASB Student Health Legal Update (August 9, 2023)

• TEC Sec.§28.004 (Local School Health Advisory Council and Health Education Instruction)

• ActionForHealthyKids.org

• ESC 14 TIVA District Safety Teams - SHAC

• ESC 14 TIVA School Health Advisory Council (SHAC) Assessment Tool

• ESC 20 website on SHACs with FAQ

• ESC 20 SHAC 87th Legislative Session (PowerPoint)

• Health Education Curriculum Analysis Tool (HECAT)

• Health Education Texas Essential Knowledge and Skills (TEKS) Aligned to Fentanyl Abuse Prevention and Drug Poisoning Awareness (PDF)

• Implementing the New TEKS and New SHAC Rules (YouTube)

• SHAC School Health Initiative Cover Letter (Word)

• SHAC Self-Assessment (PDF)

• SHAC Self-Assessment Cover Letter (Word)

• TEA - Child Abuse, Dating Violence, Family Violence and Human Trafficking FAQ

• TEA - Coordinated School Health Requirements and Approved Programs

• TEA - Health Education FAQ August 4, 2023

• TEA - Health Education Website

• TEA - Physical Education and Physical Activity FAQ July 28, 2023

• TEA - Physical Education Website

• TEA - SHAC FAQ July 26, 2023

• TEA - Texas School Mental Health Website 

• Texas Against Fentanyl

• Texas DSHS - School Health Advisory Committee: Resources

• Texas DSHS - School Health Advisory Committee: A Guide for Texas School Districts

• Texas DSHS - School Health Program Website

• Texas DSHS - Texas School Health Advisory Committee (TSHAC)

• Texas DSHS - Texas School Health Advisory Committee (TSHAC): Recommendations

• Texas DSHS - Texas School Health Advisory Committee (TSHAC): Sample Documents

• Texas DSHS - Texas School Health Advisory Council (TSHAC) Self-Assessment 

• Texas Department of Agriculture Square Meals website: Local Wellness Policy

• Texas Department of Agriculture Administrator’s Reference Manual (ARM) PDF

• Texas School Health Advisory Council (SHAC) Network

• Texas Education Code §28.004

• Title IV, Part A State Initiative - District Safety Teams/SHAC

• U.S. Department of Agriculture - Local School Wellness Policies