Florida Senate - 2011                             CS for SB 1320
       By the Committee on Education Pre-K - 12; and Senators Wise,
       Storms, and Sobel
       581-03407-11                                          20111320c1
    1                        A bill to be entitled                      
    2         An act relating to physical education instruction in
    3         public schools; amending s. 1003.455, F.S.; providing
    4         that a student may have the physical education
    5         requirement waived for a period of one semester each
    6         year under certain circumstances; providing an
    7         effective date.
    9         WHEREAS, every year an estimated 300,000 people in the
   10  United States die because they are overweight or obese, and
   11         WHEREAS, since 1970, the number of overweight children in
   12  Florida has increased by 300 percent, and
   13         WHEREAS, overweight or obese children experience the same
   14  risk factors associated with heart disease in adults such as
   15  high blood pressure, high cholesterol levels, and Type 2
   16  diabetes, once known as adult-onset diabetes, and
   17         WHEREAS, studies have shown that up to 80 percent of
   18  overweight adolescents become overweight adults, and
   19         WHEREAS, the annual economic impact in the United States
   20  from obesity on our health care system is estimated by the
   21  Centers for Disease Control and Prevention at $147 billion, and
   22         WHEREAS, a recent study by a major insurance carrier stated
   23  that 50 percent of all Americans will develop diabetes by 2020,
   24  which will cost the health care system approximately $3.35
   25  trillion if current trends in obesity are not abated, and
   26         WHEREAS, early education on proper physical fitness and
   27  nutrition will provide a foundation for a child’s future as does
   28  learning to read, which prepares a child for success in his or
   29  her life and academic achievement, NOW, THEREFORE,
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsections (3), (4), and (5) of section
   34  1003.455, Florida Statutes, are amended to read:
   35         1003.455 Physical education; assessment.—
   36         (3) Each district school board shall provide 150 minutes of
   37  physical education each week for students in kindergarten
   38  through grade 5 and for students in grade 6 who are enrolled in
   39  a school that contains one or more elementary grades so that on
   40  any day during which physical education instruction is conducted
   41  there are at least 30 consecutive minutes per day.
   42         (4) Each district school board shall provide 150 minutes of
   43  physical education instruction each week for students in grade 6
   44  who are enrolled in a school that contains one or more
   45  elementary grades so that on any day during which physical
   46  education instruction is conducted there are at least 30
   47  consecutive minutes per day.
   48         (5) Beginning with the 2009-2010 school year, the
   49  equivalent of one class period per day of physical education for
   50  one semester of each year is required for students enrolled in
   51  grades 6 through 8. Students enrolled in such instruction shall
   52  be reported through the periodic student membership surveys, and
   53  records of such enrollment shall be audited pursuant to s.
   54  1010.305. Such instruction may be provided by any instructional
   55  personnel as defined in s. 1012.01(2), regardless of
   56  certification, who are designated by the school principal.
   57         (6)(4) The requirement in subsection (5) (3) shall be
   58  waived for a period of one semester each year for a student who
   59  meets one of the following criteria:
   60         (a) The student is enrolled or required to enroll in a
   61  remedial course.
   62         (b) The student’s parent indicates in writing to the school
   63  principal, and the principal or the principal’s designee
   64  verifies, that:
   65         1. The parent requests that the student enroll, and the
   66  student subsequently enrolls, in another course offered by the
   67  school district that poses a scheduling conflict with the
   68  physical education course from among those courses offered as
   69  options by the school district; or
   70         2. The student is participating in physical activities
   71  outside the school day which are equal to or in excess of the
   72  mandated requirement.
   73         (c) The student submits to the school’s principal or the
   74  principal’s designee a note from a physician licensed under
   75  chapter 458 or chapter 459 that specifies the health reasons as
   76  to why the student should not participate in physical education.
   77         (7)(5) Each school district shall notify the student’s
   78  parent of the options available under subsection (6) (4) before
   79  scheduling the student to participate in physical education.
   80         Section 2. This act shall take effect July 1, 2011.