[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4557 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4557

 To amend the Elementary and Secondary Education Act of 1965 to ensure 
    that schools have physical education programs that meet minimum 
                  requirements for physical education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2010

   Mr. Baca 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 ensure 
    that schools have physical education programs that meet minimum 
                  requirements 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 referred to as the ``Physical Education to Create a 
Healthier Nation Act''.

SEC. 2. PHYSICAL EDUCATION.

    (a) In General.--Subpart 1 of part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended 
by adding at the end the following new section:

``SEC. 1120C. PHYSICAL EDUCATION.

    ``(a) In General.--Not later than the beginning of the first school 
year beginning after the date of enactment of the Physical Education to 
Create a Healthier Nation Act, each local educational agency receiving 
assistance under this part shall ensure that each school served by the 
agency has a physical education program that provides for all 
students--
            ``(1) except as provided in paragraph (2)--
                    ``(A) in the case of an elementary school, 150 
                minutes of physical education per week; and
                    ``(B) in the case of a middle school or high 
                school, 225 minutes of physical education per week; and
            ``(2) in the case of students with disabilities that impair 
        their ability to participate in physical education, such 
        physical education as is determined appropriate under the 
        individualized education programs of such students (as defined 
        in section 602(14) of the Individuals with Disabilities 
        Education Act).
    ``(b) State Plan.--As part of the plan described in section 1111, 
each State educational agency receiving assistance under this part 
shall develop a plan to ensure that all schools within the State have a 
physical education program that meets the requirements under subsection 
(a).
    ``(c) Local Plan.--As part of the plan described in section 1112, 
each local educational agency receiving assistance under this part 
shall develop a plan to ensure that all schools served by the local 
educational agency have a physical education program that meets the 
requirements under subsection (a).''.
    (b) Conforming Amendment.--The table of contents in section 2 of 
the Elementary and Secondary Education Act of 1965 is amended by 
inserting after the item relating to section 1120B the following new 
item:

``Sec. 1120C. Physical education.''.
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