Texas 2009 - 81st Regular

Texas House Bill HB2311 Compare Versions

Only one version of the bill is available at this time.
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11 81R3056 JRJ-D
22 By: Olivo H.B. No. 2311
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to requiring school districts to report compliance with
88 physical activity requirements.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 28.002, Education Code, is amended by
1111 amending Subsection (l) and adding Subsection (l-4) to read as
1212 follows:
1313 (l) A school district shall require a student enrolled in
1414 kindergarten or a grade level below grade six to participate in
1515 moderate or vigorous daily physical activity for at least 30
1616 minutes throughout the school year as part of the district's
1717 physical education curriculum or through structured activity
1818 during a school campus's daily recess. A school district shall
1919 require students enrolled in grade levels six, seven, and eight to
2020 participate in moderate or vigorous daily physical activity for at
2121 least 30 minutes for at least four semesters during those grade
2222 levels as part of the district's physical education curriculum. If
2323 a school district determines, for any particular grade level below
2424 grade six, that requiring moderate or vigorous daily physical
2525 activity is impractical due to scheduling concerns or other
2626 factors, the district may as an alternative require a student in
2727 that grade level to participate in moderate or vigorous physical
2828 activity for at least 135 minutes during each school week.
2929 Additionally, a school district may as an alternative require a
3030 student enrolled in a grade level for which the district uses block
3131 scheduling to participate in moderate or vigorous physical activity
3232 for at least 225 minutes during each period of two school weeks. A
3333 school campus may not fulfill the requirements of this subsection
3434 with unstructured activity or recess. A school district must
3535 provide for an exemption for:
3636 (1) any student who is unable to participate in the
3737 required physical activity because of illness or disability; and
3838 (2) a middle school or junior high school student who
3939 participates in an extracurricular activity with a moderate or
4040 vigorous physical activity component that is considered a
4141 structured activity under rules adopted by the commissioner.
4242 (l-4) Not later than the 30th day before the first day of
4343 instruction of the school year, each elementary and middle school
4444 campus in a school district shall submit to the district the daily
4545 or weekly schedule of moderate or vigorous physical activity to be
4646 used by that campus during that school year. Not later than the
4747 60th day after the first day of instruction of the school year, each
4848 district shall review the schedules for compliance with Subsection
4949 (l) and submit a report to the agency listing which campuses of the
5050 district are in compliance and which campuses of the district are
5151 not in compliance.
5252 SECTION 2. This Act applies beginning with the 2009-2010
5353 school year.
5454 SECTION 3. This Act takes effect immediately if it receives
5555 a vote of two-thirds of all the members elected to each house, as
5656 provided by Section 39, Article III, Texas Constitution. If this
5757 Act does not receive the vote necessary for immediate effect, this
5858 Act takes effect September 1, 2009.