Req. No. 5695 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (20 23) HOUSE BILL 2257 By: Sterling AS INTRODUCED An Act relating to schools; directing school districts to conduct an annual fitness assessment; prescribing grade levels for student pa rticipation; requiring certain methods to conduct ass essment; providing exception for certain students ; directing the State Department of Education to adopt an assessment instrument; prescribing minimum required contents for assessment; requiring development and dissemination of annual report; prohibiting inclusion of certain student information; requiring results of assessment be provided to a parent or guardian; directing analysis of performance results to find correlations; permitting the Department to contract with separate entity to conduct analysis; authorizing certain funding; authorizing establishment of recognition program; providing for codification; and providing an effective date . 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 11-103.9c of Title 70, unless there is created a duplication in numbering, reads as follows: A. Beginning in the 202 4-2025 school year, each school district shall conduct an annual fitness assessment, as approved by the State Board of Education, each school year for students in grades three Req. No. 5695 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 through twelve, to be conducted in a course that satisfies the physical education program required pursu ant to Section 11-103.9 of Title 70 of the Oklahoma Statutes or during the s chool year where the assessment can be administered by trained personnel, including, but not limited to, school nurses, physical education and health teachers, coaches and any othe r certified school employees. The assessments shall include methods deeme d by the Board as appropriate to ascertain levels of student physical fitness and factors and standards required in subsection B of this section. A 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 assessme nt instrument to be used by all school districts in assessing student physical fitness that includes standards accessible to distric ts which adequately express the most current and widely accepted best practices and benchmarks in the areas of student health and physical education. The minimum required conten ts of the assessment shall address the measurements and assessment instrument to be used by a school district in assessing student physical fitness under this section. The assessment instrument shall: Req. No. 5695 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Be based on factors related to student health, inclu ding 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 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 report the results of each student's performance on the physi cal fitness assessment require d by this section to the Board and the State Department of Health. The results shall not contain the name of the 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 recommendations for modifications to physical education and health and wellnes s programs or related curriculum. D. Not later than the last day of the school year, a s chool 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 Req. No. 5695 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 sect ion and identify, for e ach school district, any correlation between the results and t he following: 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 paragraph 1 of this subsection. The State Department of Education's efforts may be supported with state, federal or private fu nding, or a combination thereof. F. The State Board of Educati on shall submit an annual report to the Governor, beginning October 1, 202 4, and annually thereafter. The report shall include the compliance status of each school district. The Governor may, in coordination with the Board, establish one or more recogniti on programs to acknowledge school districts and schools which ha ve most improved in their physical fitness assessments. The Governor may collaborate with private Req. No. 5695 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 corporations in the development and implementation of recognition programs pursuant to this s ubsection, including providing monetary or other incentives to school districts or schools for attaining certain levels of health status. All school districts or schools receiving acknowledgment through a recognition program established by the Governor pursuant to this subsection shall also be recognized on the Board's website. SECTION 2. This act shall become effective November 1, 2023. 59-1-5695 EK 12/12/22