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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to adapting the public school physical education  | 
      
      
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        curriculum to accommodate the needs of students with mental  | 
      
      
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        disabilities. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 28.002(d), Education Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               (d)  The physical education curriculum required under  | 
      
      
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        Subsection (a)(2)(C) must be sequential, developmentally  | 
      
      
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        appropriate, and designed, implemented, and evaluated to enable  | 
      
      
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        students to develop the motor, self-management, and other skills,  | 
      
      
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        knowledge, attitudes, and confidence necessary to participate in  | 
      
      
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        physical activity throughout life.  Each school district shall  | 
      
      
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        establish specific objectives and goals the district intends to  | 
      
      
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        accomplish through the physical education curriculum.  In  | 
      
      
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        identifying the essential knowledge and skills of physical  | 
      
      
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        education, the State Board of Education shall ensure that the  | 
      
      
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        curriculum: | 
      
      
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                     (1)  emphasizes the knowledge and skills capable of  | 
      
      
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        being used during a lifetime of regular physical activity; | 
      
      
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                     (2)  is consistent with national physical education  | 
      
      
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        standards for: | 
      
      
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                           (A)  the information that students should learn  | 
      
      
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        about physical activity; and | 
      
      
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                           (B)  the physical activities that students should  | 
      
      
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        be able to perform; | 
      
      
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                     (3)  requires that, on a weekly basis, at least 50  | 
      
      
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        percent of the physical education class be used for actual student  | 
      
      
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        physical activity and that the activity be, to the extent  | 
      
      
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        practicable, at a moderate or vigorous level; | 
      
      
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                     (4)  offers students an opportunity to choose among  | 
      
      
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        many types of physical activity in which to participate; | 
      
      
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                     (5)  offers students both cooperative and competitive  | 
      
      
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        games; | 
      
      
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                     (6)  meets the needs of students of all physical  | 
      
      
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        ability levels, including students who have a [disability,] chronic  | 
      
      
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        health problem, disability, including a student who is a person  | 
      
      
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        with a disability described under Section 29.003(b) or criteria  | 
      
      
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        developed by the agency in accordance with that section, or other  | 
      
      
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        special need that precludes the student from participating in  | 
      
      
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        regular physical education instruction but who might be able to  | 
      
      
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        participate in physical education that is suitably adapted and, if  | 
      
      
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        applicable, included in the student's individualized education  | 
      
      
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        program; | 
      
      
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                     (7)  takes into account the effect that gender and  | 
      
      
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        cultural differences might have on the degree of student interest  | 
      
      
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        in physical activity or on the types of physical activity in which a  | 
      
      
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        student is interested; | 
      
      
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                     (8)  teaches self-management and movement skills; | 
      
      
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                     (9)  teaches cooperation, fair play, and responsible  | 
      
      
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        participation in physical activity; | 
      
      
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                     (10)  promotes student participation in physical  | 
      
      
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        activity outside of school; and | 
      
      
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                     (11)  allows physical education classes to be an  | 
      
      
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        enjoyable experience for students. | 
      
      
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               SECTION 2.  This Act applies beginning with the 2015-2016  | 
      
      
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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, 2015. | 
      
      
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        * * * * * |