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  82R1388 KKA-D
 
  By: Nelson S.B. No. 185
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to physical activity requirements for students in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.002(l), Education Code, is amended to
  read as follows:
         (l)  A school district shall require a student enrolled in
  full-day prekindergarten, in kindergarten, or in a grade level
  below grade six to participate in moderate or vigorous daily
  physical activity for at least 30 minutes throughout the school
  year as part of the district's physical education curriculum or
  through structured activity during a school campus's daily
  recess.  To the extent practicable, a school district shall require
  a student enrolled in prekindergarten on less than a full-day basis
  to participate in the same type and amount of physical activity as a
  student enrolled in full-day prekindergarten. A school district
  shall require a student [students] enrolled in grade level [levels]
  six, seven, or [and] eight to participate in moderate or vigorous
  daily physical activity for at least 30 minutes throughout the
  school year [for at least four semesters during those grade levels]
  as part of the district's physical education curriculum.  If a
  school district determines, for any particular grade level below
  grade six, that requiring moderate or vigorous daily physical
  activity is impractical due to scheduling concerns or other
  factors, the district may as an alternative require a student in
  that grade level to participate in moderate or vigorous physical
  activity for at least 135 minutes during each school
  week.  Additionally, a school district may as an alternative
  require a student enrolled in a grade level for which the district
  uses block scheduling to participate in moderate or vigorous
  physical activity for at least 225 minutes during each period of two
  school weeks.  A school district must provide for an exemption for:
               (1)  any student who is unable to participate in the
  required physical activity because of illness or disability; and
               (2)  a middle school or junior high school student who
  participates in an extracurricular activity with a moderate or
  vigorous physical activity component that is considered a
  structured activity under rules adopted by the commissioner.
         SECTION 2.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.