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AN ACT
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relating to the public school physical education curriculum. |
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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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adding Subsection (d) and amending Subsection (l) to read as |
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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, or other special need that precludes the student |
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from participating in regular physical education instruction but |
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who might be able to participate in physical education that is |
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suitably adapted and, if applicable, included in the student's |
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individualized education 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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�������(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 students enrolled in grade levels six, seven, and |
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eight to participate in moderate or vigorous daily physical |
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activity for at least 30 minutes for at least four 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 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 district must 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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�������SECTION�2.��Subchapter D, Chapter 25, Education Code, is |
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amended by adding Section 25.114 to read as follows: |
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�������Sec.�25.114.��STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION |
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CLASSES; CLASS SIZE. (a)��In implementing the curriculum for |
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physical education under Section 28.002(a)(2)(C), each school |
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district shall establish specific objectives and goals the district |
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intends to accomplish through the curriculum, including, to the |
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extent practicable, student/teacher ratios that are small enough to |
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enable the district to: |
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�������������(1)��carry out the purposes of and requirements for the |
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physical education curriculum as provided under Section 28.002(d); |
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and |
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�������������(2)��ensure the safety of students participating in |
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physical education. |
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�������(b)��If a district establishes a student to teacher ratio |
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greater than 45 to 1 in a physical education class, the district |
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shall specifically identify the manner in which the safety of the |
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students will be maintained. |
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�������SECTION�3.��Subsection (l), Section 28.002, Education Code, |
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as amended by this Act, applies beginning with the 2009-2010 school |
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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, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�891 passed the Senate on |
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April�9,�2009, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendments on May�29,�2009, by the |
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following vote: Yeas�31, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�891 passed the House, with |
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amendments, on May�20,�2009, by the following vote: Yeas�113, |
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Nays�25, one present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |