[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 634

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2009

  Mr. Harkin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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. FINDINGS.

    Congress makes the following findings:
            (1) Childhood obesity has reached epidemic proportions in 
        the United States.
            (2) Obesity-related diseases cost the United States economy 
        more than $117,000,000,000 every year.
            (3) The prevalence of overweight in children between the 
        ages of 6 and 11 years increased from 4.0 percent in 1971-1974 
        to 17.5 percent in 2001-2004, and the prevalence of overweight 
        in adolescents between the ages of 12 and 19 years increased 
        from 6.1 percent to 17.0 percent.
            (4) More than 9,000,000 children and adolescents between 
        the ages of 6 and 19 years are considered overweight on the 
        basis of being in the 95th percentile or higher of BMI values 
        in the 2000 CDC growth chart for the United States.
            (5) The Department of Health and Human Services estimates 
        that, by 2010, 20 percent of children and youth in the United 
        States will be obese.
            (6) Of all United States deaths from major chronic disease, 
        23 percent are linked to sedentary lifestyles that now begin at 
        childhood.
            (7) Overweight adolescents have a 70-80 percent chance of 
        becoming overweight adults, increasing their risk for chronic 
        disease, disability, and death.
            (8) A recent study showed that plaque build-up in the neck 
        arteries of obese children or those with high cholesterol is 
        similar to those levels seen in middle-aged adults.
            (9) A decline in physical activity has contributed to the 
        unprecedented epidemic of childhood obesity.
            (10) The Physical Activity Guidelines for Americans 
        recommend that children engage in 60 minutes or more of 
        physical activity each day.
            (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) 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 2 decades.
            (13) The national standard for physical education frequency 
        is 150 minutes per week in elementary school and 225 minutes 
        per week in middle school and high school.
            (14) Only 3.8 percent of elementary school, 7.9 percent of 
        middle school, and 2.1 percent of high schools provide daily 
        physical education or its equivalent for the entire school 
        year, and 22 percent of schools do not require students to take 
        any physical education at all.
            (15) Among children ages 9 to 13, 61.5 percent do not 
        participate in any organized physical activity during out-of-
        school hours.
            (16) 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.
            (17) Research suggests a strong correlation between 
        children's fitness and their academic performance as measured 
        by grades in core subjects and standardized test scores.
            (18) Approximately 81 percent of adults believe daily 
        physical education should be mandatory in schools.

SEC. 3. REPORT CARDS.

    Section 1111(h) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(h)) is amended--
            (1) in paragraph (1)(C)--
                    (A) in clause (vii), by striking ``and'' after the 
                semicolon;
                    (B) in clause (viii), by striking the period at the 
                end and inserting a semicolon; and
                    (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 school and secondary 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 schools, middle 
                        schools, and secondary schools that adheres to 
                        national guidelines adopted by the Centers for 
                        Disease Control and Prevention and State 
                        standards;
                            ``(xi) the percentage of elementary school 
                        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'' after the 
                semicolon;
                    (B) in subclause (II), by striking ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                                    ``(III) the percentage of 
                                elementary school and secondary school 
                                physical education teachers who are 
                                State certified as physical education 
                                teachers; and
                                    ``(IV) 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'' after the 
                semicolon;
                    (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 percentage of 
                                elementary school and secondary school 
                                physical education teachers who are 
                                State certified as physical education 
                                teachers; and
                                    ``(IV) 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. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS.

    (a) Elementary and Secondary School Counseling Programs.--Section 
5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7245) is amended--
            (1) in subsection (b)(2)(H), by inserting ``, which design 
        and implementation shall take into consideration the overall 
        emotional and physical well-being of students'' after ``the 
        program''; and
            (2) in subsection (c)(2)(E), by inserting ``health, the 
        importance of regular physical activity,'' after 
        ``relationships,''.
    (b) Smaller Learning Communities.--Section 5441(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7249(b)) 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.''.
    (c) 21st Century Community Learning Centers.--
            (1) Purpose; definitions.--Section 4201 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7171) 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)(A), by inserting 
                ``nutrition education, structured physical activity,'' 
                after ``recreation,''.
            (2) Local competitive grant program.--Section 4204(b)(2) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7174(b)(2))--
                    (A) in subparagraph (M), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (N) as 
                subparagraph (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 the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7175(a))--
                    (A) in paragraph (11), by striking ``and'' after 
                the semicolon;
                    (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.''.
    (d) 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 
                subparagraph (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 nutritional eating habits in the home 
                and at school; and'';
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting after 
                ``Achievement'' the following: ``by Healthy, Active 
                Students'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``standards.'' and inserting ``standards and 
                to ensure that the children lead healthy, active 
                lives.''; and
                    (C) in paragraph (1)--
                            (i) by inserting after ``supportive'' the 
                        following: ``, healthy,'';
                            (ii) by striking ``; and participating'' 
                        and inserting ``; participating''; and
                            (iii) 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 the school day''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (6) through (14) as 
                paragraphs (7) through (15), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6)(A) shall ensure that parents and teachers have 
        information about the importance of a healthy lifestyle, 
        including nutritional eating habits, physical education, and 
        physical activity, to an effective learning environment; and
            ``(B) shall coordinate activities 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;''.

SEC. 5. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND PRINCIPALS.

    (a) State Applications.--Section 2112(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6612(b)) 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 the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6613(c)(6)) 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 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6622(b)(9)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (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 the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6623(a)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon; 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'' after the 
                semicolon;
                    (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, with curricula 
                        that is evidence-based, in how to teach 
                        physical education and health education that 
                        results in the ability of students to learn 
                        more effectively.''.

SEC. 6. NATIONAL RESEARCH COUNCIL STUDY.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Education shall enter into a contract with the 
National Research Council of the National Academy of Sciences to--
            (1) examine and make recommendations regarding--
                    (A) various means that may be employed to 
                incorporate physical activity into Head Start and 
                childcare settings, elementary, middle, and high school 
                settings, and before- and after-school programs; and
                    (B) innovative and effective ways to increase 
                physical activity for all students;
            (2) study the impact of health, level of physical activity, 
        and amount of physical education on students' ability to learn 
        and maximize performance in school; and
            (3) 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 improving their--
                            (i) knowledge, awareness, and behavior 
                        changes, related to nutrition and physical 
                        activity;
                            (ii) cognitive development, and fitness 
                        improvement, in physical education;
                            (iii) knowledge of lifetime physical 
                        activity and health promotion;
                            (iv) decrease in obesity; and
                            (v) levels on overall health indicators; 
                        and
                    (B) effectively measuring the progress of students, 
                at the school level, in increasing physical activity.
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