82R7199 KKA-D
By: Martinez Fischer H.B. No. 3682
A BILL TO BE ENTITLED
AN ACT
relating to physical activity requirements applicable to public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002(l), Education Code, is amended to
read as follows:
(l) A school district shall require a student enrolled in
full-day prekindergarten, in kindergarten, or in 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.
To the extent practicable, a school district shall require a
student enrolled in prekindergarten on less than a full-day basis
to participate in the same type and amount of physical activity as a
student enrolled in full-day prekindergarten. A school district
shall require a student [students] enrolled in grade level [levels]
six, seven, or [and] eight to participate in moderate or vigorous
daily physical activity for at least 45 [30] minutes throughout the
school year [for at least four semesters during those grade levels]
as part of the district's physical education curriculum. A school
district shall require students enrolled in grade levels 9, 10, 11,
and 12 to participate in moderate or vigorous daily physical
activity for at least 45 minutes for at least two 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 150 [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 300 [225] minutes during each period
of two school weeks for a grade level below grade level six and at
least 450 minutes during each period of two school weeks for grade
level six or above. 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, or 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 2. Section 28.004(k), Education Code, is amended to
read as follows:
(k) A school district shall publish in the student handbook
and post on the district's Internet website, if the district has an
Internet website:
(1) a statement of the policies adopted to ensure that
[elementary school, middle school, and junior high school] students
engage in at least the amount and level of physical activity
required by Section 28.002(l);
(2) a statement of:
(A) the number of times during the preceding year
the district's school health advisory council has met;
(B) whether the district has adopted and enforces
policies to ensure that district campuses comply with agency
vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has adopted and enforces
policies and procedures that prescribe penalties for the use of
tobacco products by students and others on school campuses or at
school-sponsored or school-related activities; and
(3) a statement providing notice to parents that they
can request in writing their child's physical fitness assessment
results at the end of the school year.
SECTION 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. 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, 2011.