HB 0289 2004
1	A bill to be entitled
2	An act relating to public K-12 educational instruction;
3	amending s. 1003.42, F.S.; requiring physical education on
4	a full-year basis for students in grades 1 through 8;
5	requiring development of a physical education program;
6	amending s. 1003.43, F.S.; increasing physical education
7	credit requirements and decreasing elective credit
8	requirements for high school graduation; requiring the
9	State Board of Education to adopt rules for satisfaction
10	of certain credit requirements; providing an effective
11	date.
12
13	WHEREAS, the number of overweight children in the United
14	States has doubled in the past two decades creating a generation
15	at much higher risk for cardiovascular disease, diabetes, and
16	other serious health problems, and
17	WHEREAS, the physical well-being of students has a direct
18	impact on their ability to achieve academically and proof now
19	exists that students achieve best when they are physically fit,
20	and
21	WHEREAS, physical education classes have been cut back or
22	eliminated in many schools to provide more preparation time for
23	standardized testing, and fewer than one in ten schools
24	nationwide provide daily physical education, and
25	WHEREAS, the 1996 Surgeon General's Report on Physical
26	Activity and Health recommended that all students in
27	kindergarten through grade 12 receive daily, quality physical
28	education, and
29	WHEREAS, structured physical activity significantly
30	improves mental focus and concentration levels in young
31	children, and children who spend more time in daily physical
32	education show higher levels of academic success, and
33	WHEREAS, developmentally appropriate physical activity
34	helps young people develop skills important to academic
35	performance, such as self-discipline, teamwork, and leadership,
36	and also increases self-esteem and decreases anxiety and stress
37	in adolescents, and
38	WHEREAS, physical education classes offer unique
39	instruction related to sportsmanship, skill development, and
40	fitness and concomitantly provide social, developmental,
41	cognitive, emotional, and health benefits, NOW, THEREFORE,
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. Paragraph (s) is added to subsection (2) of
46	section 1003.42, Florida Statutes, to read:
47	1003.42 Required instruction.--
48	(2) Members of the instructional staff of the public
49	schools, subject to the rules of the State Board of Education
50	and the district school board, shall teach efficiently and
51	faithfully, using the books and materials required, following
52	the prescribed courses of study, and employing approved methods
53	of instruction, the following:
54	(s) Physical education on a full-year basis to students in
55	grades 1 through 8. Each district school board shall develop a
56	physical education program that stresses physical fitness and
57	encourages healthy, active lifestyles which shall be submitted
58	to the department for approval. Participation in an organized
59	sport provided through the school or by an organization outside
60	of school with documentation of participation shall be permitted
61	as part of the physical education program.
62	Section 2. Paragraphs (j) and (k) of subsection (1) and
63	paragraph (a) of subsection (6) of section 1003.43, Florida
64	Statutes, are amended to read:
65	1003.43 General requirements for high school graduation.--
66	(1) Graduation requires successful completion of either a
67	minimum of 24 academic credits in grades 9 through 12 or an
68	International Baccalaureate curriculum. The 24 credits shall be
69	distributed as follows:
70	(j)1.One credit in physical education to include
71	assessment, improvement, and maintenance of personal fitness.
72	Participation in an interscholastic sport at the junior varsity
73	or varsity level, for two full seasons, shall satisfy the one-
74	credit requirement in physical education if the student passes a
75	competency test on personal fitness with a score of "C" or
76	better. The competency test on personal fitness must be
77	developed by the Department of Education.A district school
78	board may not require that the one credit in physical education
79	be taken during the 9th grade year.
80	2. For students entering the 9th grade in the 2004-2005
81	school year and thereafter, four credits in physical education
82	to include assessment, improvement, and maintenance of personal
83	fitness and encouragement of healthy, active lifestyles.
84	According to rules adopted by the State Board of Education
85	pursuant to ss. 120.536(1) and 120.54, participation in an
86	interscholastic sport at the junior varsity or varsity level or
87	in an organized sport provided by an organization outside of
88	school with documentation of participation shall satisfy the
89	credit requirements, or portions thereof, in physical education
90	if the student passes a competency test on personal fitness with
91	a score of "C" or better.
92
93	The competency test on personal fitness must be developed by the
94	Department of Education.Completion of one semester with a grade
95	of "C" or better in a marching band class, in a physical
96	activity class that requires participation in marching band
97	activities as an extracurricular activity, or in a Reserve
98	Officer Training Corps (R.O.T.C.) class a significant component
99	of which is drills shall satisfy a one-half credit requirement
100	in physical education. This one-half credit may not be used to
101	satisfy the personal fitness requirement or the requirement for
102	adaptive physical education under an individual educational plan
103	(IEP) or 504 plan.
104	(k) Eight and one-half elective credits. For students
105	entering the 9th grade in the 2004-2005 school year and
106	thereafter, five and one-half elective credits.
107
108	District school boards may award a maximum of one-half credit in
109	social studies and one-half elective credit for student
110	completion of nonpaid voluntary community or school service
111	work. Students choosing this option must complete a minimum of
112	75 hours of service in order to earn the one-half credit in
113	either category of instruction. Credit may not be earned for
114	service provided as a result of court action. District school
115	boards that approve the award of credit for student volunteer
116	service shall develop guidelines regarding the award of the
117	credit, and school principals are responsible for approving
118	specific volunteer activities. A course designated in the Course
119	Code Directory as grade 9 through grade 12 that is taken below
120	the 9th grade may be used to satisfy high school graduation
121	requirements or Florida Academic Scholars award requirements as
122	specified in a district school board's student progression plan.
123	A student shall be granted credit toward meeting the
124	requirements of this subsection for equivalent courses, as
125	identified pursuant to s. 1007.271(6), taken through dual
126	enrollment.
127	(6) The Legislature recognizes that adult learners are
128	unique in situation and needs. The following graduation
129	requirements are therefore instituted for students enrolled in
130	adult general education in accordance with s. 1004.93 in pursuit
131	of a high school diploma:
132	(a) The credits one creditin physical education required
133	for graduation, pursuant to subsection (1), are isnot required
134	for graduation and shall be substituted with elective credits
135	creditkeeping the total credits needed for graduation
136	consistent with subsection (1).
137	Section 3. This act shall take effect July 1, 2004.