[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 634
To amend the Elementary and Secondary Education Act of 1965 to improve
standards for physical education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2009
Mr. Harkin introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to improve
standards for physical education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated with Teaching
Kids Act'' or the ``FIT Kids Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Childhood obesity has reached epidemic proportions in
the United States.
(2) Obesity-related diseases cost the United States economy
more than $117,000,000,000 every year.
(3) The prevalence of overweight in children between the
ages of 6 and 11 years increased from 4.0 percent in 1971-1974
to 17.5 percent in 2001-2004, and the prevalence of overweight
in adolescents between the ages of 12 and 19 years increased
from 6.1 percent to 17.0 percent.
(4) More than 9,000,000 children and adolescents between
the ages of 6 and 19 years are considered overweight on the
basis of being in the 95th percentile or higher of BMI values
in the 2000 CDC growth chart for the United States.
(5) The Department of Health and Human Services estimates
that, by 2010, 20 percent of children and youth in the United
States will be obese.
(6) Of all United States deaths from major chronic disease,
23 percent are linked to sedentary lifestyles that now begin at
childhood.
(7) Overweight adolescents have a 70-80 percent chance of
becoming overweight adults, increasing their risk for chronic
disease, disability, and death.
(8) A recent study showed that plaque build-up in the neck
arteries of obese children or those with high cholesterol is
similar to those levels seen in middle-aged adults.
(9) A decline in physical activity has contributed to the
unprecedented epidemic of childhood obesity.
(10) The Physical Activity Guidelines for Americans
recommend that children engage in 60 minutes or more of
physical activity each day.
(11) In a 2005 Government Accountability Office report on
key strategies to include in programs designed to target
childhood obesity, ``increasing physical activity'' was
identified as the most important component in any such program.
(12) Part of the decline in physical activity has been in
our Nation's schools, where physical education programs have
been cut back in the past 2 decades.
(13) The national standard for physical education frequency
is 150 minutes per week in elementary school and 225 minutes
per week in middle school and high school.
(14) Only 3.8 percent of elementary school, 7.9 percent of
middle school, and 2.1 percent of high schools provide daily
physical education or its equivalent for the entire school
year, and 22 percent of schools do not require students to take
any physical education at all.
(15) Among children ages 9 to 13, 61.5 percent do not
participate in any organized physical activity during out-of-
school hours.
(16) Regular physical activity is associated with a
healthier, longer life and a lower risk of cardiovascular
disease, high blood pressure, diabetes, obesity, and some
cancers.
(17) Research suggests a strong correlation between
children's fitness and their academic performance as measured
by grades in core subjects and standardized test scores.
(18) Approximately 81 percent of adults believe daily
physical education should be mandatory in schools.
SEC. 3. REPORT CARDS.
Section 1111(h) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(h)) is amended--
(1) in paragraph (1)(C)--
(A) in clause (vii), by striking ``and'' after the
semicolon;
(B) in clause (viii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(ix) the amount of time students spend in
required physical education as measured against
the national standards of 150 minutes per week
of required physical education for students in
elementary school and 225 minutes per week of
required physical education for students in
middle school and secondary school;
``(x) the percentage of local educational
agencies in the State that have a required,
age-appropriate physical education curriculum
for all students in elementary schools, middle
schools, and secondary schools that adheres to
national guidelines adopted by the Centers for
Disease Control and Prevention and State
standards;
``(xi) the percentage of elementary school
and secondary school physical education
teachers who are State licensed or certified as
physical education teachers; and
``(xii) the percentage of schools that have
a School Health Council that includes parents,
students, representatives of the school food
authority, representatives of the school board,
school administrators and members of the public
and that meets monthly to promote a healthy
school environment.'';
(2) in paragraph (2)(B)(i)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by striking ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(III) the percentage of
elementary school and secondary school
physical education teachers who are
State certified as physical education
teachers; and
``(IV) the amount of square feet of
indoor and outdoor facilities that are
primarily used for physical education
and the amount of square feet of indoor
and outdoor facilities that are
primarily used for physical activity;
and''; and
(3) in paragraph (2)(B)(ii)--
(A) in subclause (I), by striking ``and'' after the
semicolon;
(B) in subclause (II), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(III) the percentage of
elementary school and secondary school
physical education teachers who are
State certified as physical education
teachers; and
``(IV) the number of meetings of a
School Health Council that includes
parents, students, representatives of
the school food authority,
representatives of the school board,
school administrators and members of
the public during the school year.''.
SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS.
(a) Elementary and Secondary School Counseling Programs.--Section
5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7245) is amended--
(1) in subsection (b)(2)(H), by inserting ``, which design
and implementation shall take into consideration the overall
emotional and physical well-being of students'' after ``the
program''; and
(2) in subsection (c)(2)(E), by inserting ``health, the
importance of regular physical activity,'' after
``relationships,''.
(b) Smaller Learning Communities.--Section 5441(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7249(b)) is
amended by adding at the end the following:
``(14) How the local educational agency will ensure that
smaller learning communities support healthy lifestyles
including participation in physical education and physical
activity by all students and access to nutritious food and
nutrition education.''.
(c) 21st Century Community Learning Centers.--
(1) Purpose; definitions.--Section 4201 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7171) is
amended--
(A) in subsection (a)(2), by inserting ``nutrition
education programs, structured physical activity
programs,'' after ``recreation programs,''; and
(B) in subsection (b)(1)(A), by inserting
``nutrition education, structured physical activity,''
after ``recreation,''.
(2) Local competitive grant program.--Section 4204(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7174(b)(2))--
(A) in subparagraph (M), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (N) as
subparagraph (O); and
(C) by inserting after subparagraph (M) the
following:
``(N) an assurance that the proposed program is
coordinated with the physical education and health
education programs offered during the school day;
and''.
(3) Local activities.--Section 4205(a) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7175(a))--
(A) in paragraph (11), by striking ``and'' after
the semicolon;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) programs that support a healthy, active lifestyle,
including nutritional education and regular, structured
physical activity programs.''.
(d) Parental Involvement.--Section 1118 of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) involve and train parents in encouraging and
supporting a healthy and active lifestyle, including
increased physical activity during and outside the
school day, and nutritional eating habits in the home
and at school; and'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting after
``Achievement'' the following: ``by Healthy, Active
Students'';
(B) in the matter preceding paragraph (1), by
striking ``standards.'' and inserting ``standards and
to ensure that the children lead healthy, active
lives.''; and
(C) in paragraph (1)--
(i) by inserting after ``supportive'' the
following: ``, healthy,'';
(ii) by striking ``; and participating''
and inserting ``; participating''; and
(iii) by inserting after ``extracurricular
time'' the following: ``and supporting their
children in leading a healthy and active life,
such as by providing healthy meals and snacks,
encouraging participation in physical
education, and sharing in physical activity
outside the school day''; and
(3) in subsection (e)--
(A) by redesignating paragraphs (6) through (14) as
paragraphs (7) through (15), respectively; and
(B) by inserting after paragraph (5) the following:
``(6)(A) shall ensure that parents and teachers have
information about the importance of a healthy lifestyle,
including nutritional eating habits, physical education, and
physical activity, to an effective learning environment; and
``(B) shall coordinate activities with parents and teachers
to ensure that children are provided with nutritious meals and
snacks, and have ample opportunities for physical education and
physical activity during and outside the school day;''.
SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS.
(a) State Applications.--Section 2112(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is amended by
adding at the end the following:
``(13) A description of how the State educational agency
will use funds under this part to provide professional
development that is directly related to the fields of physical
education and health education to physical education teachers
and health education teachers to ensure that children are
leading healthy, active lifestyles that are conducive to
effective learning.''.
(b) State Use of Funds.--Section 2113(c)(6) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)(6)) is amended--
(1) by striking ``, in cases in which a State educational
agency determines support to be appropriate,''; and
(2) by inserting ``, physical education teachers, and
health education teachers'' after ``pupil services personnel''.
(c) Local Applications and Needs Assessment.--Section 2122(b)(9) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6622(b)(9)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) improve the health and eating habits of
students and increase rates of physical activity of
students.''.
(d) Local Use of Funds.--Section 2123(a)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' after the
semicolon; and
(B) by adding at the end the following:
``(iii) effective strategies for improving
the healthy habits of students and the rates of
physical activity by students that result in
the ability to learn more effectively; and'';
and
(2) in subparagraph (B)--
(A) in clause (iv), by striking ``and'' after the
semicolon;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) provide training, with curricula
that is evidence-based, in how to teach
physical education and health education that
results in the ability of students to learn
more effectively.''.
SEC. 6. NATIONAL RESEARCH COUNCIL STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Education shall enter into a contract with the
National Research Council of the National Academy of Sciences to--
(1) examine and make recommendations regarding--
(A) various means that may be employed to
incorporate physical activity into Head Start and
childcare settings, elementary, middle, and high school
settings, and before- and after-school programs; and
(B) innovative and effective ways to increase
physical activity for all students;
(2) study the impact of health, level of physical activity,
and amount of physical education on students' ability to learn
and maximize performance in school; and
(3) study and provide specific recommendations for--
(A) effectively measuring the progress of students,
at the school level, in improving their health and
well-being, including improving their--
(i) knowledge, awareness, and behavior
changes, related to nutrition and physical
activity;
(ii) cognitive development, and fitness
improvement, in physical education;
(iii) knowledge of lifetime physical
activity and health promotion;
(iv) decrease in obesity; and
(v) levels on overall health indicators;
and
(B) effectively measuring the progress of students,
at the school level, in increasing physical activity.
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