79R2230 KKA-D

By:  Guillen                                                      H.B. No. 517



A BILL TO BE ENTITLED

AN ACT

relating to daily physical activity requirements in public schools.           
	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)  The State Board of Education, after consulting with 
educators, parents, and medical professionals, by rule may require 
a student enrolled in kindergarten or a grade level below grade 
seven in an elementary school setting to participate in daily 
physical activity as part of a school district's physical education 
curriculum or through structured activity during a school campus's 
daily recess, except that the board may not require more than 30 
minutes of daily physical activity.  If the board adopts rules under 
this subsection, the board must:
		(1)  ensure that time spent by a student walking from 
one classroom to another, walking to or from a school bus, or 
engaging in other routine activities associated with the school day 
is not included in determining compliance with the daily physical 
activity requirement; and
		(2)  provide for an exemption for a student who is 
unable to participate in daily physical activity because of illness 
or disability.
	SECTION 2.  This Act applies beginning with the 2005-2006 
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, 2005.