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