1 | 1 | | 81R3056 JRJ-D |
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2 | 2 | | By: Olivo H.B. No. 2311 |
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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 requiring school districts to report compliance with |
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8 | 8 | | physical activity requirements. |
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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, Education Code, is amended by |
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11 | 11 | | amending Subsection (l) and adding Subsection (l-4) to read as |
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12 | 12 | | follows: |
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13 | 13 | | (l) A school district shall require a student enrolled in |
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14 | 14 | | kindergarten or a grade level below grade six to participate in |
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15 | 15 | | moderate or vigorous daily physical activity for at least 30 |
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16 | 16 | | minutes throughout the school year as part of the district's |
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17 | 17 | | physical education curriculum or through structured activity |
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18 | 18 | | during a school campus's daily recess. A school district shall |
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19 | 19 | | require students enrolled in grade levels six, seven, and eight to |
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20 | 20 | | participate in moderate or vigorous daily physical activity for at |
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21 | 21 | | least 30 minutes for at least four semesters during those grade |
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22 | 22 | | levels as part of the district's physical education curriculum. If |
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23 | 23 | | a school district determines, for any particular grade level below |
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24 | 24 | | grade six, that requiring moderate or vigorous daily physical |
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25 | 25 | | activity is impractical due to scheduling concerns or other |
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26 | 26 | | factors, the district may as an alternative require a student in |
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27 | 27 | | that grade level to participate in moderate or vigorous physical |
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28 | 28 | | activity for at least 135 minutes during each school week. |
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29 | 29 | | Additionally, a school district may as an alternative require a |
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30 | 30 | | student enrolled in a grade level for which the district uses block |
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31 | 31 | | scheduling to participate in moderate or vigorous physical activity |
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32 | 32 | | for at least 225 minutes during each period of two school weeks. A |
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33 | 33 | | school campus may not fulfill the requirements of this subsection |
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34 | 34 | | with unstructured activity or recess. A school district must |
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35 | 35 | | provide for an exemption for: |
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36 | 36 | | (1) any student who is unable to participate in the |
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37 | 37 | | required physical activity because of illness or disability; and |
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38 | 38 | | (2) a middle school or junior high school student who |
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39 | 39 | | participates in an extracurricular activity with a moderate or |
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40 | 40 | | vigorous physical activity component that is considered a |
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41 | 41 | | structured activity under rules adopted by the commissioner. |
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42 | 42 | | (l-4) Not later than the 30th day before the first day of |
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43 | 43 | | instruction of the school year, each elementary and middle school |
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44 | 44 | | campus in a school district shall submit to the district the daily |
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45 | 45 | | or weekly schedule of moderate or vigorous physical activity to be |
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46 | 46 | | used by that campus during that school year. Not later than the |
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47 | 47 | | 60th day after the first day of instruction of the school year, each |
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48 | 48 | | district shall review the schedules for compliance with Subsection |
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49 | 49 | | (l) and submit a report to the agency listing which campuses of the |
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50 | 50 | | district are in compliance and which campuses of the district are |
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51 | 51 | | not in compliance. |
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52 | 52 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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53 | 53 | | school year. |
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54 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect September 1, 2009. |
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