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A BILL TO BE ENTITLED
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AN ACT
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relating to physical activity requirements applicable to public |
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school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.002(l), Education Code, is amended to |
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read as follows: |
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(l) A school district shall require a student enrolled in |
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full-day prekindergarten, in kindergarten, or in a grade level |
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below grade six to participate in moderate or vigorous daily |
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physical activity for at least 30 minutes throughout the school |
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year as part of the district's physical education curriculum or |
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through structured activity during a school campus's daily recess. |
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To the extent practicable, a school district shall require a |
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student enrolled in prekindergarten on less than a full-day basis |
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to participate in the same type and amount of physical activity as a |
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student enrolled in full-day prekindergarten. A school district |
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shall require a student [students] enrolled in grade level [levels] |
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six, seven, or [and] eight to participate in moderate or vigorous |
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daily physical activity for at least 45 [30] minutes throughout the |
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school year [for at least four semesters during those grade levels] |
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as part of the district's physical education curriculum. A school |
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district shall require students enrolled in grade levels 9, 10, 11, |
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and 12 to participate in moderate or vigorous daily physical |
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activity for at least 45 minutes for at least two semesters during |
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those grade levels as part of the district's physical education |
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curriculum. If a school district determines, for any particular |
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grade level below grade six, that requiring moderate or vigorous |
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daily physical activity is impractical due to scheduling concerns |
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or other factors, the district may as an alternative require a |
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student in that grade level to participate in moderate or vigorous |
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physical activity for at least 150 [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 300 [225] minutes during each period |
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of two school weeks for a grade level below grade level six and at |
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least 450 minutes during each period of two school weeks for grade |
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level six or above. A school district must provide for an exemption |
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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, or high |
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school student who participates in an extracurricular activity with |
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a moderate or vigorous physical activity component that is |
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considered a structured activity under rules adopted by the |
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commissioner. |
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SECTION 2. Section 28.004(k), Education Code, is amended to |
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read as follows: |
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(k) A school district shall publish in the student handbook |
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and post on the district's Internet website, if the district has an |
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Internet website: |
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(1) a statement of the policies adopted to ensure that |
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[elementary school, middle school, and junior high school] students |
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engage in at least the amount and level of physical activity |
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required by Section 28.002(l); |
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(2) a statement of: |
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(A) the number of times during the preceding year |
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the district's school health advisory council has met; |
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(B) whether the district has adopted and enforces |
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policies to ensure that district campuses comply with agency |
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vending machine and food service guidelines for restricting student |
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access to vending machines; and |
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(C) whether the district has adopted and enforces |
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policies and procedures that prescribe penalties for the use of |
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tobacco products by students and others on school campuses or at |
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school-sponsored or school-related activities; and |
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(3) a statement providing notice to parents that they |
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can request in writing their child's physical fitness assessment |
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results at the end of the school year. |
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SECTION 3. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 4. 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, 2011. |