[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1075 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1075

 To strengthen and extend the authorization of appropriations for the 
   Carol M. White Physical Education Program and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2015

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

_______________________________________________________________________

                                 A BILL


 
 To strengthen and extend the authorization of appropriations for the 
   Carol M. White Physical Education Program 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 ``Fitness Integrated Into Teaching 
Kids Act'' or the ``FIT Kids Act''.

SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.

    Subpart 10 of part D of title V of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as 
follows:

                    ``Subpart 10--Physical Education

``SEC. 5501. SHORT TITLE.

    ``This subpart may be cited as the `Carol M. White Physical 
Education Program'.

``SEC. 5502. PURPOSE.

    ``The purpose of this subpart is to award grants to initiate, 
expand, and improve physical education programs for all kindergarten 
through 12th-grade students.

``SEC. 5503. ALLOCATION OF FUNDS.

    ``(a) Grants to Local Educational Agencies and Community-Based 
Organizations.--The Secretary shall use the funds made available to 
carry out this subpart, except funds reserved under subsection (b) (if 
any), to support grants to local educational agencies and community-
based organizations under section 5504.
    ``(b) Grants to States.--Of the funds appropriated to carry out 
this subpart for a fiscal year, the Secretary shall reserve 25 percent 
of the amount by which such funds exceed $75,000,000 to award grants to 
States, on a competitive basis, in accordance with section 5505.

``SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED 
              ORGANIZATIONS.

    ``(a) Authorization.--The Secretary is authorized to award grants 
to local educational agencies and community-based organizations (such 
as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young 
Men's Christian Organization (YMCA) and Young Women's Christian 
Organization (YWCA)) to pay the Federal share of the costs of 
initiating, expanding, and improving physical education programs 
(including after-school programs) for kindergarten through 12th-grade 
students by--
            ``(1) providing equipment and support to enable students to 
        participate actively in physical education activities; and
            ``(2) providing funds for staff and teacher training and 
        education.
    ``(b) Program Elements.--A physical education program funded under 
this section may provide for one or more of the following:
            ``(1) Fitness education and assessment to help students 
        understand, improve, or maintain their physical well-being.
            ``(2) Instruction in a variety of motor skills and physical 
        activities designed to enhance the physical, mental, and social 
        or emotional development of every student.
            ``(3) Development of, and instruction in, cognitive 
        concepts about motor skill and physical fitness that support a 
        lifelong healthy lifestyle.
            ``(4) Opportunities to develop positive social and 
        cooperative skills through physical activity participation.
            ``(5) Instruction in healthy eating habits and good 
        nutrition.
            ``(6) Opportunities for professional development for 
        teachers of physical education to stay abreast of the latest 
        research, issues, and trends in the field of physical 
        education.
    ``(c) Special Rule.--For the purpose of this section, 
extracurricular activities, such as team sports and Reserve Officers' 
Training Corps (ROTC) program activities, shall not be considered as 
part of the curriculum of a physical education program assisted under 
this section.
    ``(d) Applications.--
            ``(1) In general.--Each local educational agency or 
        community-based organization desiring a grant under this 
        section shall submit to the Secretary an application that 
        contains a plan to initiate, expand, or improve physical 
        education programs in order to make progress toward meeting 
        State standards for physical education.
            ``(2) Private school and home-schooled students.--An 
        application for funds under this section may provide for the 
        participation, in the activities funded under this section, 
        of--
                    ``(A) students enrolled in private nonprofit 
                elementary schools or secondary schools, and their 
                parents and teachers; or
                    ``(B) home-schooled students, and their parents and 
                teachers.
    ``(e) Annual Report to the Secretary.--In order to continue 
receiving funding after the first year of a multiyear grant under this 
section, the administrator of the grant for the local educational 
agency or community-based organization shall submit to the Secretary an 
annual report that--
            ``(1) describes the activities conducted during the 
        preceding year; and
            ``(2) demonstrates that progress has been made toward 
        meeting State standards for physical education.
    ``(f) Administrative Expenses.--Not more than 5 percent of the 
grant funds made available to a local educational agency or community-
based organization under this section for any fiscal year may be used 
for administrative expenses.
    ``(g) Federal Share.--The Federal share under this section may not 
exceed--
            ``(1) 90 percent of the total cost of a program for the 
        first year for which the program receives assistance under this 
        section; and
            ``(2) 75 percent of such cost for the second and each 
        subsequent such year.
    ``(h) Proportionality.--To the extent practicable, the Secretary 
shall ensure that grants awarded under this section shall be equitably 
distributed among local educational agencies and community-based 
organizations serving urban and rural areas.
    ``(i) Report to Congress.--Not later than 2 years after the 
Secretary awards the first grant under this section, the Secretary 
shall submit a report to Congress that--
            ``(1) describes the programs assisted under this section;
            ``(2) documents the success of such programs in improving 
        physical fitness; and
            ``(3) makes such recommendations as the Secretary 
        determines appropriate for the continuation and improvement of 
        the programs assisted under this section.

``SEC. 5505. GRANTS TO STATES.

    ``(a) Authorization.--Subject to the availability of funds 
described in section 5503, the Secretary is authorized to award grants 
to States to implement comprehensive programs that address the purpose 
of this subpart. Such programs shall be based on--
            ``(1) scientifically valid research, to the extent 
        feasible; and
            ``(2) an analysis of need that considers, at a minimum, the 
        indicators in the State's measurement system described in 
        subsection (e).
    ``(b) Application.--A State that desires to receive a grant under 
this section shall submit an application at such time, in such manner, 
and containing such information as the Secretary may require. At a 
minimum, the application shall include--
            ``(1) an analysis of the needs of the schools and students 
        in the State in the areas of physical activity, physical 
        education, fitness, and nutrition, which shall include a 
        description of, and data measuring, conditions of the State in 
        the areas of physical activity, physical education, fitness, 
        and nutrition;
            ``(2) a plan for improving the physical activity, physical 
        education, fitness, and nutrition of students in the State, 
        which may be part of a broader statewide child and youth plan 
        if the plan proposes to implement activities responsive to the 
        results of the needs analysis described in paragraph (1); and
            ``(3) a description of how the State will--
                    ``(A) develop, adopt, adapt, or implement the 
                State's measurement system described in subsection (e), 
                and how the State will ensure that all local 
                educational agencies and schools in the State 
                participate in such system;
                    ``(B) ensure the quality and validity of the 
                State's procedures for collecting the data needed to 
                implement that measurement system;
                    ``(C) coordinate the proposed activities with other 
                Federal and State programs, which may include programs 
                to expand learning time and for before- and after-
                school programming;
                    ``(D) assist local educational agencies in aligning 
                the activities such agencies carry out under this 
                section with funds from other sources in order to 
                support a coherent and nonduplicative program; and
                    ``(E) solicit and approve applications for 
                subgrants under subsection (g), including how the State 
                will--
                            ``(i) consider the results of the analysis 
                        described in paragraph (1) in the State's 
                        distribution of subgrants; and
                            ``(ii) address the needs of diverse 
                        geographic areas in the State, including rural 
                        and urban communities.
    ``(c) Reservation of Funds.--A State that receives a grant under 
this section shall--
            ``(1) reserve not more than 5 percent of the grant funds 
        for administration of the program implemented with such grant, 
        technical assistance, professional development of teachers, and 
        the development, improvement, and implementation of the State's 
        measurement system, as described in subsection (e); and
            ``(2) use the remainder of grant funds to award subgrants, 
        on a competitive basis, to eligible local applicants.
    ``(d) State Activities.--A State that receives a grant under this 
section shall--
            ``(1) establish a statewide physical education requirement 
        that is consistent with widely recognized standards;
            ``(2) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement the statewide 
        measurement system described in subsection (e) (unless the 
        State can demonstrate, to the satisfaction of the Secretary, 
        that an appropriate system has already been implemented) that 
        annually measures the progress of each local educational agency 
        in the State on the measures described in that subsection;
            ``(3) not later than 18 months after receipt of the grant 
        and annually thereafter, provide a public report to local 
        educational agencies in the State on the data collected in the 
        State's measurement system described in subsection (e), in a 
        timely and highly accessible manner, and in a manner that does 
        not reveal personally identifiable information of students;
            ``(4) award subgrants, consistent with subsection (g), to 
        eligible local applicants;
            ``(5) use the results of the data collected in the 
        measurement system described in subsection (e) to help 
        subgrantees identify and address school and student needs;
            ``(6) 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 help ensure that children are leading healthy, 
        active lifestyles that are conducive to effective learning; and
            ``(7) monitor subgrants and provide technical assistance to 
        subgrantees on the implementation of subgrant activities.
    ``(e) Measurement System.--Each State that receives a grant under 
this section shall establish a State reporting and information system 
that is, to the extent practicable, part of the State's statewide 
longitudinal data system and with the State's system for reporting the 
data required under section 1111 and that measures conditions at the 
local educational agency level related to physical fitness, physical 
education, student health, and nutrition, including information on--
            ``(1) the amount of time students spend in required 
        physical education and the amount of time they spend in 
        moderate to vigorous physical activity;
            ``(2) whether a local educational agency has a required, 
        age-appropriate physical education curriculum for all students 
        that adheres to State standards and to national guidelines 
        adopted by the Centers for Disease Control and Prevention;
            ``(3) the number of physical education teachers employed by 
        the local educational agency who are State-licensed or State-
        certified as physical education teachers, and the number of 
        physical education teachers who are not so licensed or 
        certified;
            ``(4) the number of schools operated by the local 
        educational agency that have (and the number that do not have) 
        a school health council that--
                    ``(A) includes parents, students, representatives 
                of the school food authority, representatives of the 
                school board, school administrators, and members of the 
                public; and
                    ``(B) meets at least monthly to promote a healthy 
                school environment; and
            ``(5) the number of square feet of facilities 
        (disaggregated by indoor and outdoor facilities) under the 
        control or use of the agency that are primarily used for 
        physical education and the number of square feet (so 
        disaggregated) that are primarily used for other physical 
        activity.
    ``(f) Compiling Statistics.--In compiling the statistics required 
pursuant to subsection (e)--
            ``(1) the State shall ensure use of uniform definitions and 
        data collection procedures for all local educational agencies 
        statewide;
            ``(2) the State shall collect the data required under 
        subsection (e) at least annually; and
            ``(3) the State and its subgrantees shall use the data for 
        planning and continuous improvement of activities implemented 
        under this section, and subgrantees may collect data for 
        indicators that are locally defined, and that are not reported 
        to the State, to meet local needs (so long as such indicators 
        are aligned with the objectives of this section).
    ``(g) Subgrants to Eligible Local Applicants.--
            ``(1) Subgrants.--A State that receives a grant under this 
        section shall award subgrants, on a competitive basis, to 
        eligible local applicants--
                    ``(A) based on need, as identified by the State's 
                measurement system described in subsection (e);
                    ``(B) that are of sufficient size and scope to 
                enable such applicants to carry out approved 
                activities; and
                    ``(C) to implement programs that are comprehensive 
                in nature and that promote physical activity, physical 
                education, fitness, and nutrition.
            ``(2) Applications.--An eligible local applicant that 
        desires to receive a subgrant under this subsection shall 
        submit to the State an application at such time, in such 
        manner, and containing such information as the State may 
        require.
            ``(3) Priority.--In awarding subgrants under this 
        subsection, a State shall give priority to applications that--
                    ``(A) demonstrate the greatest need according to 
                the results identified by the State's measurement 
                system described in subsection (e); and
                    ``(B) propose to serve schools with the highest 
                concentrations of poverty, based on the percentage of 
                students receiving or eligible to receive a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
            ``(4) Activities of subgrantees.--Each recipient of a 
        subgrant under this subsection shall, for the duration of the 
        subgrant--
                    ``(A) carry out programs to promote physical 
                activity, physical education, fitness, and nutrition--
                            ``(i) the need for which has been 
                        identified through the State's measurement 
                        system described in subsection (e); and
                            ``(ii) that are part of a comprehensive 
                        strategy or framework to address such need;
                    ``(B) ensure that each framework, intervention, or 
                program selected to be implemented through the subgrant 
                be based, if feasible, on scientifically valid research 
                and be used for the purpose for which such framework, 
                intervention, or program was found to be effective;
                    ``(C) collect and report to the State educational 
                agency data for schools served by the subgrantee, in a 
                manner consistent with the State's measurement system, 
                described in subsection (e);
                    ``(D) establish policies to expand access to 
                quality physical activity opportunities, including 
                local school wellness policies consistent with the 
                requirements of section 9A of the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1758b); and
                    ``(E) consider and accommodate the unique needs of 
                students with disabilities and English learners in 
                implementing activities.
    ``(h) Annual State Report.--Each State that receives a grant under 
this section shall prepare and submit an annual report to the Secretary 
on the use of funds under this section.

``SEC. 5506. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this subpart shall be used to 
supplement, and not supplant, any other Federal, State, or local funds 
available for physical education activities.''.
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