[Congressional Record Volume 157, Number 39 (Tuesday, March 15, 2011)]
[Senate]
[Pages S1678-S1680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 576. A bill to amend the Elementary and Secondary Education Act of 
1965 to improve standards for physical education; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, today I am introducing the FIT Kids Act. 
That first word, FIT, an acronym for Fitness Integrated with Teaching, 
an important concept that I am proud to promote today. The FIT Kids Act 
encourages schools to provide children with quality physical education 
in an effort to promote health and wellness throughout their lives.
  Since the 1970s, the incidence of obesity has more than doubled for 
preschool children aged 2-5 years and for young people aged 12-19 
years; for children aged 6-11 years, it has more than tripled. Since 
there are many reasons for this public health crisis, we know that 
addressing it will require multiple solutions. An important place we 
can address childhood obesity is in our schools. The Centers for 
Disease Control and Prevention has found that fewer than 10 percent of 
our public schools offer daily physical education for the entire school 
year for all students. Let me repeat that, fewer than 10 percent. Our 
kids deserve better. Research has shown that physical education not 
only promotes health and wellness, it also has a direct correlation 
with kids' academic performance in school.
  The FIT Kids Act would amend the Elementary and Secondary Education 
Act to shine a light on the availability of quality physical education 
for all public school children through grade 12, and to ensure they 
receive important health and nutritional information. As Chairman of 
the Senate Health, Education, Labor and Pensions Committee, I have been 
working in a bipartisan way with my colleagues on the committee to 
reauthorize the Elementary and Secondary Education Act.
  With the reauthorization of the Elementary and Secondary Education 
Act, we must fix the things that are not working, while protecting the 
goals of the bill, including narrowing achievement gaps. It is truly 
alarming to see the discrepancies in achievement between children in 
the United States and children abroad. Here in the U.S., despite making 
some progress, we continue to have wide and persistent achievement gaps 
that are leaving behind children of color, young people from 
disadvantaged backgrounds, and children with disabilities.
  In addition to achievement gaps, I am also concerned about the trends 
in physical education in schools across the Nation. Currently, schools 
are decreasing the amount of free play or physical activity that 
children engage in during school hours. Only about one-third of 
elementary children have daily physical education, and less than one-
fifth have extracurricular physical activity programs at their schools. 
I know that difficult resource decisions have to be made but we cannot 
short-change our children's health. This is short-sighted for two big 
reasons: One, we are fighting a childhood obesity epidemic of 
frightening proportions. And, two, as research shows, and as any 
teacher or parent knows, kids have to have time to play and burn off 
energy if they are going to be in a proper frame of mind to learn.
  The association between physical activity and academic achievement is 
an important part of why we need to continue to support physical 
education. Broad evidence suggests a positive relationship between 
physical activity and grade point average, rate of learning, memory, 
attention span, and classroom behavior, as well as cognitive, social, 
and motor skill development. Research indicates that youth who report 
engaging in physical activity at school are 20 percent more likely than 
their less active peers to earn good grades in math or English. 
Furthermore, data suggests that children who are overweight have 
greater risk for school absenteeism than their peers who are average 
weight. In order for our Nation's children to be successful students, 
we must do all that we can to ensure they are in school and ready to 
learn.
  This legislation will ensure that parents receive critical 
information regarding the time and resources devoted to their children 
for a quality physical education. Specifically, the bill will require 
schools, local educational agencies, and state educational agencies to 
publicly report on the quantity and quality of physical education 
courses provided using nationally recognized guidelines and standards. 
This will give parents the information they need to assess whether 
their children are receiving an appropriate physical education. 
Furthermore, the FIT Kids Act would give parents the tools necessary to 
encourage and support a healthy and active lifestyle, including 
increased physical activity during and outside the school day, and 
nutritious eating habits both at home and at school.
  In addition, the bill promotes professional development for teachers 
and school principals to promote healthy lifestyles and physical 
activity through evidence-based curricula, and thereby boost students' 
ability to learn more effectively. The bill also promotes physical 
activity in after-school programs and amends the school counseling 
program to take into account both students' emotional wellbeing and 
their physical wellbeing.
  Finally, this legislation authorizes research on the ways physical 
activity can be incorporated into all aspects of the school day, the 
impact of physical activity on students' readiness to learn, and the 
best ways to measure student progress in increasing physical activity.
  The FIT Kids Act shines a spotlight on children's health and how our 
schools can play a greater role in teaching our children healthy 
behaviors. As we move forward in reauthorizing the Elementary and 
Secondary Education Act, we cannot neglect the importance of proper 
physical education. We know that sedentary lifestyles that begin in 
childhood can lead to number of major chronic diseases that affect 
their health and wellbeing in adulthood. Accordingly, we owe it to 
American students to teach them healthy behaviors and the importance of 
physical activity, and how these lessons will benefit them throughout 
their lives. The FIT Kids Act provides the framework to accomplish 
this. I urge my colleagues to support this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 576

       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:

[[Page S1679]]

       (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) If children do not become more active and healthy, one-
     third of all children born in 2000 or later will suffer from 
     diabetes at some point in their lives.
       (6) Of all United States deaths from major chronic disease, 
     23 percent are linked to sedentary lifestyles that now begin 
     at childhood.
       (7) Adolescents who are overweight 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 children who are obese 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;''.

[[Page S1680]]

     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.
                                 ______