110 HR 3257 IH: FIT
U.S. House of Representatives
2007-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Fitness Integrated with Teaching Kids
Act
or the FIT
Kids Act
.
2.In this
Act:
(1)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)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)The
term Secretary means the Secretary of Education.
3.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.
4.Multiple measures
for accountabilityFor
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.
5.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.
.
6.Promoting
physical education and activity in school programs
(a)Elementary and
Secondary School Counseling ProgramsSection 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)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)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
communitiesSection 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)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 programSection 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)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)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)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)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)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
provisionsSection 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 SchoolsSection 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.
.
7.Professional
development for teachers and principals
(a)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)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 assessmentSection 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)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.
.
8.Title V of the
Elementary and Secondary Education Act of 1965 is amended by adding at the end
the following:
22
5621.
(a)National academy
of sciences panel and studyNot 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)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)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
appropriationsThere are authorized to be appropriated for fiscal
year 2008 such sums as may be necessary to carry out this
section.
.
9.Title V of the
Elementary and Secondary Education Act of 1965 is further amended by adding at
the end the following:
23Physical Activity
and Physical Education
5631.Physical
activity and physical education assessment incentive grants
(a)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)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)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)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)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)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
appropriationsThere 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.
.