81R4835 KKA-D
By: Shapleigh S.B. No. 1525
A BILL TO BE ENTITLED
AN ACT
relating to physical education and physical activity requirements
in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.003, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A person employed by a school district may not provide
physical education instruction unless the person is certified
specifically for that purpose by the State Board for Educator
Certification under Subchapter B.
SECTION 2. Section 28.002, Education Code, is amended by
adding Subsection (d) and amending Subsection (l) to read as
follows:
(d) In identifying the essential knowledge and skills for
the physical education curriculum under Subsection (a)(2)(C), the
board shall ensure that the curriculum:
(1) enables students to develop the knowledge, motor
skills, attitudes, and confidence necessary to maintain regular
lifetime physical activity;
(2) is consistent with national standards defining the
knowledge and skills that should be acquired by students through
physical education;
(3) provides for significant portions of physical
education class time to involve physical activity;
(4) meets the needs of all students and provides for
many different physical activity choices, including cooperative as
well as competitive games;
(5) is responsive to gender and cultural differences
in students' interests;
(6) provides for instruction in self-management
skills as well as movement skills;
(7) provides for active instruction regarding
cooperation, fair play, and responsible participation in physical
activity; and
(8) promotes participation in physical activity
outside of school.
(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 45 [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 45 [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 200 [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 335 [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 3. Section 28.025, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The curriculum requirements determined under
Subsection (a) must include at least one physical education course
as a requirement for each high school program. The State Board of
Education by rule shall provide for an exemption for a student who
is unable, even with reasonable modification, to comply with the
requirement because of illness or disability.
SECTION 4. The State Board of Education shall modify the
essential knowledge and skills for physical education as necessary
to comply with Section 28.002(d), Education Code, as added by this
Act, not later than the date that permits instruction reflecting
the requirements of that section to be provided beginning with the
2010-2011 school year.
SECTION 5. Section 28.025(a-1), Education Code, as added by
this Act, applies beginning with students entering the ninth grade
during the 2009-2010 school year.
SECTION 6. Except as otherwise provided by this Act, this
Act applies beginning with the 2009-2010 school year.
SECTION 7. 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.