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A BILL TO BE ENTITLED
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AN ACT
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relating to physical education and physical activity requirements |
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in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.003, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A person employed by a school district may not provide |
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physical education instruction unless the person is certified |
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specifically for that purpose by the State Board for Educator |
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Certification under Subchapter B. |
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SECTION 2. Section 28.002, Education Code, is amended by |
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adding Subsection (d) and amending Subsection (l) to read as |
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follows: |
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(d) In identifying the essential knowledge and skills for |
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the physical education curriculum under Subsection (a)(2)(C), the |
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board shall ensure that the curriculum: |
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(1) enables students to develop the knowledge, motor |
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skills, attitudes, and confidence necessary to maintain regular |
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lifetime physical activity; |
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(2) is consistent with national standards defining the |
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knowledge and skills that should be acquired by students through |
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physical education; |
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(3) provides for significant portions of physical |
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education class time to involve physical activity; |
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(4) meets the needs of all students and provides for |
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many different physical activity choices, including cooperative as |
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well as competitive games; |
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(5) is responsive to gender and cultural differences |
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in students' interests; |
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(6) provides for instruction in self-management |
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skills as well as movement skills; |
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(7) provides for active instruction regarding |
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cooperation, fair play, and responsible participation in physical |
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activity; and |
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(8) promotes participation in physical activity |
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outside of school. |
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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 45 [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 45 [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 200 [135] minutes during each school |
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week. Additionally, a school district may as an alternative |
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require a student enrolled in a grade level for which the district |
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uses block scheduling to participate in moderate or vigorous |
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physical activity for at least 335 [225] minutes during each period |
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of two school weeks. A school district must provide for an |
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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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SECTION 3. Section 28.025, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The curriculum requirements determined under |
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Subsection (a) must include at least one physical education course |
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as a requirement for each high school program. The State Board of |
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Education by rule shall provide for an exemption for a student who |
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is unable, even with reasonable modification, to comply with the |
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requirement because of illness or disability. |
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SECTION 4. The State Board of Education shall modify the |
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essential knowledge and skills for physical education as necessary |
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to comply with Section 28.002(d), Education Code, as added by this |
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Act, not later than the date that permits instruction reflecting |
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the requirements of that section to be provided beginning with the |
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2010-2011 school year. |
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SECTION 5. Section 28.025(a-1), Education Code, as added by |
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this Act, applies beginning with students entering the ninth grade |
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during the 2009-2010 school year. |
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SECTION 6. Except as otherwise provided by this Act, this |
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Act applies beginning with the 2009-2010 school year. |
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SECTION 7. 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. |