[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1224 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1224

To amend section 1111 of the Elementary and Secondary Education Act of 
  1965 regarding challenging academic content standards for physical 
                   education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2007

    Mr. Wamp (for himself, Mr. Kind, and Mr. Inslee) introduced the 
 following bill; which was referred to the Committee on Education and 
 Labor, and in addition to the Committee on Energy and Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend section 1111 of the Elementary and Secondary Education Act of 
  1965 regarding challenging academic content standards for physical 
                   education, and for other purposes.

    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 ``Strengthening Physical Education Act 
of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) State educational agency.--The term ``State educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Obesity-related diseases cost the United States economy 
        more than $100,000,000,000 every year.
            (2) Almost half of young people aged 12 through 21, and 
        more than a third of high school students, do not participate 
        in vigorous physical activity on a regular basis.

SEC. 4. PHYSICAL EDUCATION.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (1)(C)--
                    (A) by striking ``arts, and'' and inserting 
                ``arts,''; and
                    (B) by striking ``science,'' and inserting 
                ``science, and (beginning in the 2007-2008 school year) 
                physical education,''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``and science'' and 
                        inserting ``science, and physical education''; 
                        and
                            (ii) by inserting before the period ``and 
                        no State shall be required to meet the 
                        requirements of this part relating to physical 
                        education assessments until the beginning of 
                        the 2009-2010 school year''; and
                    (B) in subparagraph (C)(v)--
                            (i) in subclause (II)(cc), by inserting 
                        ``and'' after the semicolon; and
                            (ii) by adding at the end the following:
                                    ``(III) beginning not later than 
                                school year 2009-2010, measure the 
                                proficiency of all students in physical 
                                education and be administered not less 
                                than 1 time during--
                                            ``(aa) grades 3 through 5;
                                            ``(bb) grades 6 through 9; 
                                        and
                                            ``(cc) grades 10 through 
                                        12;''.

SEC. 5. BEST PRACTICES RESOURCE.

    (a) Evaluation.--The Secretary of Education, in consultation with 
the Secretary of Health and Human Services, shall identify State and 
local physical education model programs and evaluate their 
effectiveness.
    (b) Assessment.--The Secretary of Education shall also identify 
safeguards and risks associated with physical education programs to 
ensure the safety and health of all students and, in developing 
evaluation criteria, shall take into account certain physical health 
limitations and consider measurements such as increased participation, 
general exercise levels, attitudes about activity and nutrition, and 
overall overweight prevalence.
    (c) Online Best Practices Resource.--The Secretary of Education 
shall create a website to publish information on State and local 
physical education programs referred to in subsection (a).

SEC. 6. GRANT PROGRAM.

    (a) Authorization.--
            (1) In general.--The Secretary may award grants on a 
        competitive basis to State education agencies to establish and 
        revise State standards for physical education, develop 
        assessment tools, establish a model curriculum, and support the 
        development of model programs.
    (b) Application.--
            (1) In general.--A State that desires to receive a grant 
        under subsection (a) shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall include--
                    (A) a description of the State's physical education 
                curriculum;
                    (B) a description of how the State will use funds 
                made available pursuant to a grant awarded under this 
                Act to develop content and performance standards and 
                improve the quality of its physical education program; 
                and
                    (C) a description of how the State will use funds 
                to develop and implement physical education academic 
                assessments and improve the performance and health of 
                its students.
    (c) Approval.--
            (1) In general.--The Secretary shall approve an application 
        submitted pursuant to subsection (a) if the application meets 
        the requirements of this section and holds reasonable promise 
        of achieving the purpose of this Act.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to a high-need State educational 
        agency.
            (3) Equitable distribution.--To the extent practicable, the 
        Secretary shall ensure an equitable geographic distribution of 
        grants under this section among the regions of the United 
        States.
            (4) Duration of grants.--A grant under this section may 
        cover a period of 5 years. At the end of the 5-year period, the 
        grant recipient may apply for an additional grant under this 
        section.
    (d) Uses of Funds.--
            (1) Permissible uses.--A State that receives a grant under 
        this section shall use the grant funds to--
                    (A) develop, revise, or improve physical education 
                curriculum to meet minimum content and performance 
                standards established by the Secretary;
                    (B) purchase content materials and equipment to 
                implement physical education curriculum;
                    (C) assist in the implementation of physical 
                education model programs; and
                    (D) provide for staff and teacher training and 
                education.
    (e) Matching Funds.--Each State that receives a grant under this 
section shall demonstrate a financial commitment by contributing, 
either directly or through private contributions, non-Federal matching 
funds equal to 20 percent of the amount of the grant.
    (f) Technical Assistance.--The Secretary shall provide technical 
assistance to State education agencies in the grant application 
process.
    (g) Assessment and Evaluation.--The Secretary shall report to 
Congress on the effectiveness of this program.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$30,000,000 for fiscal year 2009, $70,000,000 for fiscal year 2010, and 
$100,000,000 for each of fiscal years 2011 through 2013. Such funds 
shall remain available until expended.
                                 <all>