[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3257 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3257

To amend the Elementary and Secondary Education Act of 1965 to improve 
                   standards for physical education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2007

    Mr. Kind (for himself, Mr. Wamp, and Mr. Inslee) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 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. 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) Of all United States deaths from major chronic disease, 
        23 percent are linked to sedentary lifestyles that now begin at 
        childhood.
            (3) Overweight adolescents have a 70 percent chance of 
        becoming overweight adults, increasing their risk for chronic 
        disease, disability, and death.
            (4) Childhood obesity has reached epidemic proportions in 
        the United States.
            (5) In 2004, an estimated 9,900,000 children and 
        adolescents ages 6 through 19 were considered overweight.
            (6) The Department of Health and Human Services estimates 
        that, by 2010, 20 percent of children and youth in the United 
        States will be obese.
            (7) A decline in physical activity has contributed to the 
        unprecedented epidemic of childhood obesity.
            (8) 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 two decades.
            (9) Between 1991 and 2003, enrollment of high school 
        students in daily Physical Education classes fell from 41.6 
        percent to 28.4 percent.
            (10) Among children ages 9 to 13, 61.5 percent do not 
        participate in any organized physical activity during out-of-
        school hours.
            (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) The Dietary Guidelines for Americans recommend that 
        children engage in at least 60 minutes of physical activity on 
        most, preferably all, days of the week.
            (13) The national standard for physical education frequency 
        is 150 minutes per week in elementary school and 225 minutes 
        per week in middle and high school.
            (14) 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.
            (15) Evidence suggests that physical activity may have a 
        positive impact on academic performance, self-concept, and 
        symptoms of anxiety and depression.
            (16) Approximately 81 percent of adults believe daily 
        physical education should be mandatory in schools.

SEC. 4. MULTIPLE MEASURES FOR ACCOUNTABILITY.

    For purposes of section 1111(b)(2) of the Elementary and Secondary 
Education Act of 1965, each State accountability system shall not only 
be based on academic assessments, but shall also be based on additional 
indicators. Such indicators shall include--
            (1) demonstrated progress toward meeting the national goal 
        for required physical education that is--
                    (A) 150 minutes per week for all students in 
                elementary schools; and
                    (B) 225 minutes per week for all students in middle 
                and high schools; and
            (2) attendance rates at required physical education 
        classes.

SEC. 5. REPORT CARDS.

    Section 1111(h) of the Elementary and Secondary Education Act of 
1965 is amended--
            (1) in paragraph (1)(C)--
                    (A) in clause (vii) by striking ``and'' at the end;
                    (B) in clause (viii) by striking the period at the 
                end and inserting a semicolon;
                    (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 and high 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, middle and high 
                        schools that adheres to national guidelines 
                        adopted by the Center for Disease Control and 
                        Prevention and State standards;
                            ``(xi) the percentage of elementary 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'' at the 
                end;
                    (B) in subclause (II) by striking ``and'' at the 
                end;
                    (C) by adding at the end the following:
                                    ``(III) 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 and high school;
                                    ``(IV) the percentage of elementary 
                                and secondary school physical education 
                                teachers who are State certified as 
                                physical education teachers; and
                                    ``(V) 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'' at the 
                end;
                    (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 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 and high school;
                                    ``(IV) the percentage of elementary 
                                and secondary school physical education 
                                teachers who are State certified as 
                                physical education teachers; and
                                    ``(V) 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. 6. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS.

    (a) Elementary and Secondary School Counseling Programs.--Section 
5421(c)(2) of the Elementary and Secondary Education Act of 1965 is 
amended in subsection (c)(2)--
            (1) in subparagraph (A) by striking ``counseling'' and 
        inserting ``counseling, health,''; and
            (2) in subparagraph (E) by inserting ``healthy, active 
        lifestyles,'' after ``relationships,''.
    (b) Safe and Drug-Free Schools and Communities.--
            (1) State application.--Section 4113(a) of the Elementary 
        and Secondary Education Act of 1965 is amended--
                    (A) in paragraph (18) by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (19) as (20); and
                    (C) by inserting after paragraph (18) the 
                following:
            ``(19) describes how activities funded under this part will 
        foster a healthy lifestyle for children including encouraging 
        healthy eating and regular physical activity; and''.
            (2) Authorized activities.--Section 4115(b)(1)(C) of that 
        Act is amended--
                    (A) in clause (i) by striking ``and'' at the end; 
                and
                    (B) by adding at the end the following:
                            ``(iii) encourage a healthy lifestyle 
                        including healthy eating and regular physical 
                        activity; and''.
    (c) Smaller Learning Communities.--Section 5441(b) of the 
Elementary and Secondary Education Act of 1965 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.''.
    (d) 21st Century Community Learning Centers.--
            (1) Purpose; definitions.--Section 4201 of the Elementary 
        and Secondary Education Act of 1965 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) by inserting ``nutrition 
                education, structured physical activity,'' after 
                ``recreation,''.
            (2) Local competitive grant program.--Section 4204(b)(2) of 
        that Act is amended--
                    (A) in subparagraph (M) by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (N) as (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 that Act is 
        amended--
                    (A) in paragraph (11) by striking ``and'' at the 
                end;
                    (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.''.
    (e) 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 (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 supporting nutritional eating habits in 
                the home and school; and''.
            (2) in subsection (d)--
                    (A) in the subsection heading by inserting after 
                ``Achievement'' the following: ``of Active, Healthy 
                Students'';
                    (B) in the matter preceding paragraph (1) by 
                striking ``standards.'' and inserting ``standards and 
                for ensuring that all children lead healthy, active 
                lives.''; and
                    (C) in paragraph (1)--
                            (i) by inserting after ``supportive'' the 
                        following: ``, healthy,''; and
                            (ii) 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 of the school day.'';
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (6) through (14) as 
                (7) through (15), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) shall ensure that parents and teachers have 
        information about the importance of a healthy lifestyle, 
        including nutrition, physical education and physical activity, 
        to an effective learning environment and shall coordinate 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;''.
    (f) Parental Assistance and Location Family Information Centers.--
            (1) Purposes.--Section 5561 of the Elementary and Secondary 
        Education Act of 1965 is amended by adding at the end the 
        following:
            ``(7) To provide information and training to parents and 
        educators about the importance of a healthy, active lifestyle 
        and its positive impact on effective learning, and on how to 
        support good eating habits, regular physical activity and other 
        activities that will lead to better performance in school.''.
            (2) Applications.--Section 5563(b)(2) of that Act is 
        amended--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(D) representatives of health professionals and 
                physical education professionals with expertise on 
                improving the health and physical activity rates of 
                children;''.
            (3) Uses of funds.--Section 5564(a) of that Act is amended 
        by adding at the end the following:
            ``(7) To help parents understand the importance of a 
        healthy, active lifestyle and its positive impact on effective 
        learning, and on how to support good eating habits, regular 
        physical activity and other activities that will lead to better 
        performance in school.''.
            (4) Administrative provisions.--Section 5565(b)(1) of that 
        Act is amended by adding at the end the following:
                    ``(F) The strategies used to help parents 
                understand the importance of a healthy, active 
                lifestyle and its positive impact on effective 
                learning, and on how to support good eating habits, 
                regular physical activity and other activities that 
                will lead to better performance in school.''.
    (g) Healthy High-Performing Schools.--Section 5583(a) of the 
Elementary and Secondary Education Act of 1965 is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) support healthy, active lifestyles for children 
        including adequate space and facilities for supervised, 
        structured physical activity and physical education.''.

SEC. 7. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS.

    (a) State Applications.--Section 2112(b) of the Elementary and 
Secondary Education Act of 1965 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 that Act 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 
that Act is amended--
            (1) in subparagraph (C) by striking ``and'' at the end;
            (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 that Act is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (i) by striking ``and'' at the end; 
                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'' at the end;
                    (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 in how to teach 
                        physical education and health education that 
                        results in the ability of students to learn 
                        more effectively.''.

SEC. 8. STUDY AND PILOT PROGRAM.

    Title V of the Elementary and Secondary Education Act of 1965 is 
amended by adding at the end the following:

                 ``Subpart 22--Study and Pilot Program

``SEC. 5621. STUDY AND PILOT PROGRAM.

    ``(a) National Academy of Sciences Panel and Study.--Not later than 
180 days after the date of enactment of this section, the Secretary 
shall enter into a contract with the National Research Council of the 
National Academy of Sciences to--
            ``(1) 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--
                            ``(i) nutritional knowledge and awareness;
                            ``(ii) cognitive development and fitness 
                        improvement in physical education;
                            ``(iii) knowledge of lifetime physical 
                        activity and health promotion;
                            ``(iv) decrease in obesity; and
                            ``(v) improvement in overall health 
                        indicators; and
                    ``(B) effectively measuring the progress of 
                students, at the school level in increasing physical 
                activity;
            ``(2) study the impact of health, level of physical 
        activity, and amount of physical education on students' ability 
        to learn effectively and maximize performance in school;
            ``(3) study the amount of time children spend in moderate-
        to-vigorous physical activity during physical education 
        classes;
            ``(4) study and provide specific recommendations for the 
        impact of parents on the health and level of physical activity 
        on children and how schools can effectively engage parents in a 
        partnership to improve the health and physical activity of all 
        students;
            ``(5) study and provide specific recommendations for 
        innovate and effective ways to improve the health of children, 
        reduce child obesity and increase physical activity of all 
        students;
            ``(6) study the changes to the school environment needed to 
        improve health and participation in physical activity;
            ``(7) study the effectiveness and impact of local school 
        wellness councils;
            ``(8) study the effectiveness and impact of physical 
        fitness testing;
            ``(9) study the impact of regular physical activity on 
        brain development and cognitive ability in children; and
            ``(10) consider further research recommendations regarding 
        youth that will be incorporated into the Physical Activity 
        Guidelines for Americans (2008).
    ``(b) Members of the Panel.--The members of the panel shall 
include--
            ``(1) experts in child health and nutrition;
            ``(2) experts in education;
            ``(3) experts in physical education; and
            ``(4) representatives of academia, relevant government 
        agencies and local schools.
    ``(c) Report.--The panel shall issue a report no later than 18 
months after the contract in subsection (a) has been agreed to that 
makes specific recommendations on addressing the goals in paragraphs 
(1) through (3) of subsection (a).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2008 such sums as may be necessary to 
carry out this section.''.

SEC. 9. GRANT PROGRAM.

    Title V of the Elementary and Secondary Education Act of 1965 is 
further amended by adding at the end the following:

         ``Subpart 23--Physical Activity and Physical Education

``SEC. 5631. PHYSICAL ACTIVITY AND PHYSICAL EDUCATION ASSESSMENT 
              INCENTIVE GRANTS.

    ``(a) Purpose.--The purpose of this subpart is to award grants to 
develop, pilot, and implement high-quality, valid, and reliable 
assessments that measure cognitive development in physical education 
and physical activity skills, motor skills development, and how much 
students value physical activity for health, enjoyment, challenge, 
self-expression and social interaction as part of a comprehensive plan 
to improve the physical, academic, social, and mental health of 
children and youth.
    ``(b) Program Authorized.--The Secretary is authorized to award 
grants to States or partnerships of States to develop, pilot, and 
implement high-quality, valid and reliable assessments that measure 
cognitive development in physical education and physical activity 
skills, motor skills development, and how much students value physical 
activity for health, enjoyment, challenge, self-expression, and social 
interaction.
    ``(c) Eligibility and Application Requirements.--
            ``(1) Eligibility.--In order to be eligible to receive an 
        award under this subpart, an applicant shall--
                    ``(A) be a State or partnership of States;
                    ``(B) have a comprehensive plan for addressing the 
                physical education, physical activity, and health needs 
                of the children and youth attending schools in the 
                State or States that includes--
                            ``(i) a plan for reaching the national goal 
                        of 150 minutes of required physical education 
                        for elementary school students and 225 minutes 
                        of required physical education for secondary 
                        school students over time;
                            ``(ii) support for the ongoing 
                        implementation of local school wellness plans 
                        as required in the Child Nutrition and WIC 
                        Reauthorization Act of 2004;
                            ``(iii) a plan for reaching the national 
                        goal of 30 minutes of physical activity in 
                        school each day for every child;
                            ``(iv) a public and parent engagement and 
                        education plan on the benefits of physical 
                        education, physical activity and healthy life 
                        skills; and
                            ``(v) a plan for increasing the 
                        availability of high-quality professional 
                        development for teachers of physical education 
                        and health education that is directly related 
                        to their field.
            ``(2) Application requirements.--In order to receive an 
        award under this subpart, an eligible applicant shall submit an 
        application to the Secretary at such time, and containing such 
        information as the Secretary may require. The application shall 
        include each of the following:
                    ``(A) A description of the proposed project, 
                including a plan for developing, piloting and 
                implementing a high-quality, valid and reliable 
                assessment that measures cognitive development in 
                physical education and physical activity skills, motor 
                skills development, and how much students value 
                physical activity for health, enjoyment, challenge, 
                self-expression, and social interaction.
                    ``(B) A description of how the proposed plan will 
                be coordinated with the plans described in paragraph 
                (1)(B).
                    ``(C) An assurance that the results of the 
                assessment will be disaggregated by race, ethnicity, 
                gender, disability status, migrant status, English 
                proficiency, and status as economically disadvantaged, 
                except that such disaggregation shall not be required 
                in a case in which the number of students in a category 
                is insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual student.
                    ``(D) A plan for reporting the results of the 
                assessment annually to the public by State, district, 
                and school, with the results being disaggregated by 
                race, ethnicity, gender, disability status, migrant 
                status, English proficiency, and status as economically 
                disadvantaged, except that such disaggregation shall 
                not be required in a case in which the number of 
                students in a category is insufficient to yield 
                statistically reliable information or the results would 
                reveal personally identifiable information about an 
                individual student.
                    ``(E) A plan for the evaluation of the 
                effectiveness of the assessments implemented and for 
                continuous improvement of the assessments.
            ``(3) Required uses of funds.--A recipient shall use funds 
        under this subpart for--
                    ``(A) developing, piloting, and implementing a 
                high-quality, valid, and reliable assessment that 
                measures cognitive development in physical education 
                and physical activity skills, motor skills development, 
                and how much students value physical activity for 
                health, enjoyment, challenge, self-expression and 
                social interaction;
                    ``(B) coordinating the assessment plan with the 
                other plans described in paragraph (1)(B);
                    ``(C) ongoing evaluation of the assessment; and
                    ``(D) public reporting.
            ``(4) Report to the secretary.--A recipient shall report 
        annually to the Secretary on--
                    ``(A) the progress in developing, piloting, and 
                implementing a high-quality, valid, and reliable 
                assessment that measures cognitive development in 
                physical education and physical activity skills, motor 
                skills development, and how much students value 
                physical activity for health, enjoyment, challenge, 
                self-expression and social interaction;
                    ``(B) the quality of the assessment; and
                    ``(C) the results of the assessment once it is 
                implemented, disaggregated by race, ethnicity, gender, 
                disability status, migrant status, English proficiency, 
                and status as economically disadvantaged, except that 
                such disaggregation shall not be required in a case in 
                which the number of students in a category is 
                insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual student.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section 
for fiscal year 2008 and each of the following fiscal years.''.
                                 <all>