| 1 | A bill to be entitled |
| 2 | An act relating to physical education instruction in |
| 3 | public schools; amending s. 1003.455, F.S.; requiring that |
| 4 | physical education instruction for students in |
| 5 | kindergarten through grade 5 be delivered by a certified |
| 6 | physical education teacher; requiring that each school |
| 7 | district implement such requirement during a 5-year |
| 8 | period; requiring that each district school board provide |
| 9 | 150 minutes of physical education instruction by a |
| 10 | certified physical education teacher each week for |
| 11 | students in grade 6 who are enrolled in a school that |
| 12 | contains one or more elementary grades so that on any day |
| 13 | during which physical education instruction is conducted |
| 14 | there are at least 30 consecutive minutes per day; |
| 15 | providing that a student may have the physical education |
| 16 | requirement waived for a period of one semester each year |
| 17 | under certain circumstances; providing an effective date. |
| 18 |
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| 19 | WHEREAS, every year an estimated 300,000 people in the |
| 20 | United States die because they are overweight or obese, and |
| 21 | WHEREAS, since 1970, the number of overweight children in |
| 22 | Florida has increased by 300 percent, and |
| 23 | WHEREAS, overweight or obese children experience the same |
| 24 | risk factors associated with heart disease in adults such as |
| 25 | high blood pressure, high cholesterol levels, and Type 2 |
| 26 | diabetes, once known as adult-onset diabetes, and |
| 27 | WHEREAS, studies have shown that up to 80 percent of |
| 28 | overweight adolescents become overweight adults, and |
| 29 | WHEREAS, the annual economic impact in the United States |
| 30 | from obesity on our health care system is estimated by the |
| 31 | Centers for Disease Control and Prevention at $147 billion, and |
| 32 | WHEREAS, a recent study by a major insurance carrier stated |
| 33 | that 50 percent of all Americans will develop diabetes by 2020, |
| 34 | which will cost the health care system approximately $3.35 |
| 35 | trillion if current trends in obesity are not abated, and |
| 36 | WHEREAS, early education on proper physical fitness and |
| 37 | nutrition will provide a foundation for a child's future as does |
| 38 | learning to read, which prepares a child for success in his or |
| 39 | her life and academic achievement, NOW, THEREFORE, |
| 40 |
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| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
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| 43 | Section 1. Subsections (3), (4), and (5) of section |
| 44 | 1003.455, Florida Statutes, are amended to read: |
| 45 | 1003.455 Physical education; assessment.- |
| 46 | (3) Each district school board shall provide 150 minutes |
| 47 | of physical education each week for students in kindergarten |
| 48 | through grade 5 and for students in grade 6 who are enrolled in |
| 49 | a school that contains one or more elementary grades so that on |
| 50 | any day during which physical education instruction is conducted |
| 51 | there are at least 30 consecutive minutes per day. In order to |
| 52 | ensure that physical education instruction is delivered by a |
| 53 | highly qualified teacher commensurate with all subject areas, |
| 54 | the instruction must be provided by a certified physical |
| 55 | education teacher. This requirement shall be implemented by each |
| 56 | school district during a 5-year period, beginning with the 2012- |
| 57 | 2013 school year and through the 2016-2017 school year. |
| 58 | (4) Each district school board shall provide 150 minutes |
| 59 | of physical education instruction by a certified physical |
| 60 | education teacher each week for students in grade 6 who are |
| 61 | enrolled in a school that contains one or more elementary grades |
| 62 | so that on any day during which physical education instruction |
| 63 | is conducted there are at least 30 consecutive minutes per day. |
| 64 | (5) Beginning with the 2009-2010 school year, the |
| 65 | equivalent of one class period per day of physical education for |
| 66 | one semester of each year is required for students enrolled in |
| 67 | grades 6 through 8. Students enrolled in such instruction shall |
| 68 | be reported through the periodic student membership surveys, and |
| 69 | records of such enrollment shall be audited pursuant to s. |
| 70 | 1010.305. Such instruction shall may be provided by a certified |
| 71 | physical education teacher to ensure that instruction is |
| 72 | delivered by a highly qualified teacher commensurate with all |
| 73 | subject areas any instructional personnel as defined in s. |
| 74 | 1012.01(2), regardless of certification, who are designated by |
| 75 | the school principal. This requirement shall be implemented by |
| 76 | each school district during a 5-year period, beginning with the |
| 77 | 2012-2013 school year and through the 2016-2017 school year. |
| 78 | (6)(4) The requirement in subsection (5) (3) shall be |
| 79 | waived for a student for a period of one semester each year who |
| 80 | meets one of the following criteria: |
| 81 | (a) The student is enrolled or required to enroll in a |
| 82 | remedial course. |
| 83 | (b) The student's parent indicates in writing to the |
| 84 | school that: |
| 85 | 1. The parent requests that the student is enrolled enroll |
| 86 | in another course, including, but not limited to, from among |
| 87 | those courses offered as options by the school district.; or |
| 88 | (c)2. The student's parent or guardian indicates in |
| 89 | writing and provides documentation to the school reviewed by a |
| 90 | certified physical education teacher that the student is |
| 91 | participating in physical activities outside the school day |
| 92 | which are equal to or in excess of the mandated requirement. |
| 93 | (7)(5) Each school district shall notify the student's |
| 94 | parent of the options available under subsection (6) (4) before |
| 95 | scheduling the student to participate in physical education. |
| 96 | Section 2. This act shall take effect July 1, 2011. |