| 1 | 1 | | 81R8396 KKA-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1855 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to physical activity requirements for students in public |
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| 8 | 8 | | schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 28.002(l), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (l) A school district shall require a student enrolled in |
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| 13 | 13 | | kindergarten or a grade level below grade six to participate in |
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| 14 | 14 | | moderate or vigorous daily physical activity for at least 30 |
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| 15 | 15 | | minutes throughout the school year as part of the district's |
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| 16 | 16 | | physical education curriculum or through structured activity |
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| 17 | 17 | | during a school campus's daily recess. A school district shall |
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| 18 | 18 | | require a student [students] enrolled in grade level [levels] six, |
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| 19 | 19 | | seven, or [and] eight to participate in moderate or vigorous daily |
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| 20 | 20 | | physical activity for at least 30 minutes throughout the school |
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| 21 | 21 | | year [for at least four semesters during those grade levels] as part |
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| 22 | 22 | | of the district's physical education curriculum. If a school |
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| 23 | 23 | | district determines, for any particular grade level below grade |
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| 24 | 24 | | six, that requiring moderate or vigorous daily physical activity is |
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| 25 | 25 | | impractical due to scheduling concerns or other factors, the |
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| 26 | 26 | | district may as an alternative require a student in that grade level |
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| 27 | 27 | | to participate in moderate or vigorous physical activity for at |
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| 28 | 28 | | least 135 minutes during each school week. Additionally, a school |
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| 29 | 29 | | district may as an alternative require a student enrolled in a grade |
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| 30 | 30 | | level for which the district uses block scheduling to participate |
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| 31 | 31 | | in moderate or vigorous physical activity for at least 225 minutes |
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| 32 | 32 | | during each period of two school weeks. A school district must |
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| 33 | 33 | | provide for an exemption for: |
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| 34 | 34 | | (1) any student who is unable to participate in the |
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| 35 | 35 | | required physical activity because of illness or disability; and |
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| 36 | 36 | | (2) a middle school or junior high school student who |
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| 37 | 37 | | participates in an extracurricular activity with a moderate or |
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| 38 | 38 | | vigorous physical activity component that is considered a |
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| 39 | 39 | | structured activity under rules adopted by the commissioner. |
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| 40 | 40 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 41 | 41 | | school year. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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