Texas 2009 - 81st Regular

Texas Senate Bill SB891 Compare Versions

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1	1	S.B. No. 891
2	2
3	3
4	4	AN ACT
5	5	relating to the public school physical education curriculum.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 28.002, Education Code, is amended by
8	8	adding Subsection (d) and amending Subsection (l) to read as
9	9	follows:
10	10	(d) The physical education curriculum required under
11	11	Subsection (a)(2)(C) must be sequential, developmentally
12	12	appropriate, and designed, implemented, and evaluated to enable
13	13	students to develop the motor, self-management, and other skills,
14	14	knowledge, attitudes, and confidence necessary to participate in
15	15	physical activity throughout life. Each school district shall
16	16	establish specific objectives and goals the district intends to
17	17	accomplish through the physical education curriculum. In
18	18	identifying the essential knowledge and skills of physical
19	19	education, the State Board of Education shall ensure that the
20	20	curriculum:
21	21	(1) emphasizes the knowledge and skills capable of
22	22	being used during a lifetime of regular physical activity;
23	23	(2) is consistent with national physical education
24	24	standards for:
25	25	(A) the information that students should learn
26	26	about physical activity; and
27	27	(B) the physical activities that students should
28	28	be able to perform;
29	29	(3) requires that, on a weekly basis, at least 50
30	30	percent of the physical education class be used for actual student
31	31	physical activity and that the activity be, to the extent
32	32	practicable, at a moderate or vigorous level;
33	33	(4) offers students an opportunity to choose among
34	34	many types of physical activity in which to participate;
35	35	(5) offers students both cooperative and competitive
36	36	games;
37	37	(6) meets the needs of students of all physical
38	38	ability levels, including students who have a disability, chronic
39	39	health problem, or other special need that precludes the student
40	40	from participating in regular physical education instruction but
41	41	who might be able to participate in physical education that is
42	42	suitably adapted and, if applicable, included in the student's
43	43	individualized education program;
44	44	(7) takes into account the effect that gender and
45	45	cultural differences might have on the degree of student interest
46	46	in physical activity or on the types of physical activity in which a
47	47	student is interested;
48	48	(8) teaches self-management and movement skills;
49	49	(9) teaches cooperation, fair play, and responsible
50	50	participation in physical activity;
51	51	(10) promotes student participation in physical
52	52	activity outside of school; and
53	53	(11) allows physical education classes to be an
54	54	enjoyable experience for students.
55	55	(l) A school district shall require a student enrolled in
56	56	full-day prekindergarten, in kindergarten, or in a grade level
57	57	below grade six to participate in moderate or vigorous daily
58	58	physical activity for at least 30 minutes throughout the school
59	59	year as part of the district's physical education curriculum or
60	60	through structured activity during a school campus's daily recess.
61	61	To the extent practicable, a school district shall require a
62	62	student enrolled in prekindergarten on less than a full-day basis
63	63	to participate in the same type and amount of physical activity as a
64	64	student enrolled in full-day prekindergarten. A school district
65	65	shall require students enrolled in grade levels six, seven, and
66	66	eight to participate in moderate or vigorous daily physical
67	67	activity for at least 30 minutes for at least four semesters during
68	68	those grade levels as part of the district's physical education
69	69	curriculum. If a school district determines, for any particular
70	70	grade level below grade six, that requiring moderate or vigorous
71	71	daily physical activity is impractical due to scheduling concerns
72	72	or other factors, the district may as an alternative require a
73	73	student in that grade level to participate in moderate or vigorous
74	74	physical activity for at least 135 minutes during each school week.
75	75	Additionally, a school district may as an alternative require a
76	76	student enrolled in a grade level for which the district uses block
77	77	scheduling to participate in moderate or vigorous physical activity
78	78	for at least 225 minutes during each period of two school weeks. A
79	79	school district must provide for an exemption for:
80	80	(1) any student who is unable to participate in the
81	81	required physical activity because of illness or disability; and
82	82	(2) a middle school or junior high school student who
83	83	participates in an extracurricular activity with a moderate or
84	84	vigorous physical activity component that is considered a
85	85	structured activity under rules adopted by the commissioner.
86	86	SECTION 2. Subchapter D, Chapter 25, Education Code, is
87	87	amended by adding Section 25.114 to read as follows:
88	88	Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION
89	89	CLASSES; CLASS SIZE. (a) In implementing the curriculum for
90	90	physical education under Section 28.002(a)(2)(C), each school
91	91	district shall establish specific objectives and goals the district
92	92	intends to accomplish through the curriculum, including, to the
93	93	extent practicable, student/teacher ratios that are small enough to
94	94	enable the district to:
95	95	(1) carry out the purposes of and requirements for the
96	96	physical education curriculum as provided under Section 28.002(d);
97	97	and
98	98	(2) ensure the safety of students participating in
99	99	physical education.
100	100	(b) If a district establishes a student to teacher ratio
101	101	greater than 45 to 1 in a physical education class, the district
102	102	shall specifically identify the manner in which the safety of the
103	103	students will be maintained.
104	104	SECTION 3. Subsection (l), Section 28.002, Education Code,
105	105	as amended by this Act, applies beginning with the 2009-2010 school
106	106	year.
107	107	SECTION 4. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2009.
112	112	______________________________ ______________________________
113	113	President of the Senate Speaker of the House
114	114	I hereby certify that S.B. No. 891 passed the Senate on
115	115	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
116	116	the Senate concurred in House amendments on May 29, 2009, by the
117	117	following vote: Yeas 31, Nays 0.
118	118	______________________________
119	119	Secretary of the Senate
120	120	I hereby certify that S.B. No. 891 passed the House, with
121	121	amendments, on May 20, 2009, by the following vote: Yeas 113,
122	122	Nays 25, one present not voting.
123	123	______________________________
124	124	Chief Clerk of the House
125	125	Approved:
126	126	______________________________
127	127	Date
128	128	______________________________
129	129	Governor