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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2381 By: Sterling
AS INTRODUCED
An Act relating to schools; directing local school
districts to conduct an annual fitness assessment ;
requiring certain methods to cond uct assessment;
providing exemption; directing the State Department
of Education to adopt assessment instrument;
requiring annual report and copies of results;
authorizing certain funding ; authorizing Governor to
establish recognition program; and providin g for
codification.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -103.9b of Title 70, unless
there is created a duplic ation in numbering, reads as follows:
A. Beginning in the 20 22-2023 school year, each local school
district shall conduct an annual fitness assessment, as approved by
the State Board of Education, each school year for students in
grades three through twelve, to be conducted in a course that
satisfies the physical education program required pursuant to
Section 11-103.9 of Title 70 of the Oklahoma Statutes or during the
school year where the assessment can be administered by trained
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personnel, including, but not limited to, school nurses, physical
education and health teachers, coaches and any other certified
school employees. Such assessments shall include methods deemed by
the State Board of Education as appropriate to ascertain levels of
student physical fitness and include the factors and standards
required in subsection B of this section. A local school district
shall not be required to conduct the annual fitness assessment for
students with a disability or other condition that requires an
exemption as determined by the State Department of Education.
B. The State Department of Education shall adopt an assessment
instrument that includes standards accessible to districts which
adequately express the most current and widely accepted best
practices and benchmarks in the areas of student health and physical
education to be used by all local school districts in assessing
student physical fitness. The minimum required contents of the
assessment shall address the measure ments and assessment instrument
to be used by a school district in assessing student physical
fitness under this sect ion. The assessment instrument shall:
1. Be based on factors related to student health, including
the following factors that have been identified as essential to
overall health and function:
a. aerobic capacity,
b. body composition, and
c. muscular strength, endurance and flexibility; and
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2. Include criterion -referenced standards specific to a
student's age and gender and based on the physical fitness level
required for good hea lth.
C. A school district shall annually provide the results of
individual student performance on the physical fitness assessment
required by this section to the State Board of Education and the
Oklahoma State Department of Health . The results shall not contain
the name of the individual students, the student 's Social Security
number or the student 's date of birth. The performance results
provided to the Board pursuant to this subsection may be used for
assessing the effectiveness of health programs and developing
recommendations for modifications to physical education and health
and wellness programs or related curriculum.
D. Not later than the last day of the school year, a school
district shall provide a parent or guardian with a copy of the
results of the physical fitness assessment of the parent's or
guardian's child. The results provided to a parent or guardian
under this subsection shall be clear, precise, and easy to
understand.
E. 1. The State Department of Education and the Oklahoma State
Department of Health shall analyze the performance results provided
pursuant to subsection C of this section and identify, for each
school district, any correlation between the results and the
following:
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a. student obesity,
b. student attendance levels,
c. student academic achievement levels,
d. student disciplinary problems, and
e. school meal programs.
2. The State Department of Education may contract with a public
or private entity for that entity to conduct all or part of the
analysis required in paragra ph 1 of this subsection.
The State Board of Education's efforts may be supported with
state, federal or private funding or a combination thereof.
F. The State Board of Education shall submit an annual report
to the Governor, beginning October 1, 202 3, and annually thereafter.
The report shall include the compliance status of each local school
district. The Governor may, in coordination with the State Board of
Education, establish one or more recognition programs to acknowledge
local school districts and schools which have most improved in their
physical fitness assessments. The Governor may collaborate with
private corporations in the development and implementation of
recognition programs pursuant to this subsection, including
providing monetary or other incentives to local school districts or
schools for attaining certain levels of health status. All local
school districts or schools receiving acknowledgment through a
recognition program established by the Governor pursuant to this
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subsection shall also be recognized on the State Board of
Education's website.
58-1-5164 AMM 01/19/21