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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring school districts to report compliance with |
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physical activity requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.002, Education Code, is amended by |
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amending Subsection (l) and adding Subsection (l-4) to read as |
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follows: |
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(l) A school district shall require a student enrolled in |
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kindergarten or a grade level below grade six to participate in |
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moderate or vigorous daily physical activity for at least 30 |
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minutes throughout the school year as part of the district's |
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physical education curriculum or through structured activity |
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during a school campus's daily recess. A school district shall |
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require students enrolled in grade levels six, seven, and eight to |
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participate in moderate or vigorous daily physical activity for at |
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least 30 minutes for at least four semesters during those grade |
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levels as part of the district's physical education curriculum. If |
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a school district determines, for any particular grade level below |
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grade six, that requiring moderate or vigorous daily physical |
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activity is impractical due to scheduling concerns or other |
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factors, the district may as an alternative require a student in |
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that grade level to participate in moderate or vigorous physical |
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activity for at least 135 minutes during each school week. |
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Additionally, a school district may as an alternative require a |
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student enrolled in a grade level for which the district uses block |
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scheduling to participate in moderate or vigorous physical activity |
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for at least 225 minutes during each period of two school weeks. A |
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school campus may not fulfill the requirements of this subsection |
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with unstructured activity or recess. A school district must |
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provide for an exemption for: |
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(1) any student who is unable to participate in the |
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required physical activity because of illness or disability; and |
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(2) a middle school or junior high school student who |
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participates in an extracurricular activity with a moderate or |
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vigorous physical activity component that is considered a |
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structured activity under rules adopted by the commissioner. |
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(l-4) Not later than the 30th day before the first day of |
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instruction of the school year, each elementary and middle school |
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campus in a school district shall submit to the district the daily |
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or weekly schedule of moderate or vigorous physical activity to be |
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used by that campus during that school year. Not later than the |
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60th day after the first day of instruction of the school year, each |
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district shall review the schedules for compliance with Subsection |
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(l) and submit a report to the agency listing which campuses of the |
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district are in compliance and which campuses of the district are |
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not in compliance. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |