H.B. No. 440
AN ACT
relating to adapting the public school physical education
curriculum to accommodate the needs of students with mental
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002(d), Education Code, is amended to
read as follows:
(d) The physical education curriculum required under
Subsection (a)(2)(C) must be sequential, developmentally
appropriate, and designed, implemented, and evaluated to enable
students to develop the motor, self-management, and other skills,
knowledge, attitudes, and confidence necessary to participate in
physical activity throughout life. Each school district shall
establish specific objectives and goals the district intends to
accomplish through the physical education curriculum. In
identifying the essential knowledge and skills of physical
education, the State Board of Education shall ensure that the
curriculum:
(1) emphasizes the knowledge and skills capable of
being used during a lifetime of regular physical activity;
(2) is consistent with national physical education
standards for:
(A) the information that students should learn
about physical activity; and
(B) the physical activities that students should
be able to perform;
(3) requires that, on a weekly basis, at least 50
percent of the physical education class be used for actual student
physical activity and that the activity be, to the extent
practicable, at a moderate or vigorous level;
(4) offers students an opportunity to choose among
many types of physical activity in which to participate;
(5) offers students both cooperative and competitive
games;
(6) meets the needs of students of all physical
ability levels, including students who have a [disability,] chronic
health problem, disability, including a student who is a person
with a disability described under Section 29.003(b) or criteria
developed by the agency in accordance with that section, or other
special need that precludes the student from participating in
regular physical education instruction but who might be able to
participate in physical education that is suitably adapted and, if
applicable, included in the student's individualized education
program;
(7) takes into account the effect that gender and
cultural differences might have on the degree of student interest
in physical activity or on the types of physical activity in which a
student is interested;
(8) teaches self-management and movement skills;
(9) teaches cooperation, fair play, and responsible
participation in physical activity;
(10) promotes student participation in physical
activity outside of school; and
(11) allows physical education classes to be an
enjoyable experience for students.
SECTION 2. This Act applies beginning with the 2015-2016
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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 440 was passed by the House on April
9, 2015, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 440 was passed by the Senate on May
13, 2015, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor