SENATE FLOOR VERSION - HB2381 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 7, 2021 AS AMENDED ENGROSSED HOUSE BILL NO. 2381 By: Sterling, McCall, Boles, McEntire, Hasenbeck, Roe, Wallace, Talley and Bush of the House and Simpson of the Senate [ schools - directing local school dist ricts to conduct an annual fitness assessment - authorizing certain funding – 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 duplicati on 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 SENATE FLOOR VERSION - HB2381 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 fit ness 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 benchm arks 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 measurements 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 SENATE FLOOR VERSION - HB2381 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Include criterion -referenced standards specific to a student's age and gender and based on the physical fitness level required for good health . 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 Educ ation and the State Department of Health . The results shall not contain the name of the individual student , 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 r ecommendations 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 physic al 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 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: SENATE FLOOR VERSION - HB2381 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. student obesity, b. student attendance levels, c. student academic achiev ement 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 c onduct all or part of the analysis required in paragraph 1 of this subsectio n. 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 recogniti on programs to acknowledge local school districts and schools which have mos t 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 s chool 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 SENATE FLOOR VERSION - HB2381 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subsection shall also be recognized on the State Board of Education's website. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS April 7, 2021 - DO PASS AS AMENDED