81R3056 JRJ-D
By: Olivo H.B. No. 2311
A BILL TO BE ENTITLED
AN ACT
relating to requiring school districts to report compliance with
physical activity requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002, Education Code, is amended by
amending Subsection (l) and adding Subsection (l-4) 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 students enrolled in grade levels six, seven, and eight to
participate in moderate or vigorous daily physical activity for at
least 30 minutes 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 campus may not fulfill the requirements of this subsection
with unstructured activity or recess. 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.
(l-4) Not later than the 30th day before the first day of
instruction of the school year, each elementary and middle school
campus in a school district shall submit to the district the daily
or weekly schedule of moderate or vigorous physical activity to be
used by that campus during that school year. Not later than the
60th day after the first day of instruction of the school year, each
district shall review the schedules for compliance with Subsection
(l) and submit a report to the agency listing which campuses of the
district are in compliance and which campuses of the district are
not in compliance.
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.