< Back to H.R. 3257 (110th Congress, 2007–2009)

Text of the FIT Kids Act

This bill was introduced on July 31, 2007, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 31, 2007 (Introduced).

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Source: GPO

I

110th CONGRESS

1st Session

H. R. 3257

IN THE HOUSE OF REPRESENTATIVES

July 31, 2007

(for himself, Mr. Wamp, and Mr. Inslee) 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 improve standards for physical education.

1.

Short title

This Act may be cited as the Fitness Integrated with Teaching Kids Act or the FIT Kids Act.

2.

Definitions

In this Act:

(1)

State educational agency

The term State educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Local educational agency

The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3)

Secretary

The term Secretary means the Secretary of Education.

3.

Findings

Congress makes the following findings:

(1)

Obesity-related diseases cost the United States economy more than $100,000,000,000 every year.

(2)

Of all United States deaths from major chronic disease, 23 percent are linked to sedentary lifestyles that now begin at childhood.

(3)

Overweight adolescents have a 70 percent chance of becoming overweight adults, increasing their risk for chronic disease, disability, and death.

(4)

Childhood obesity has reached epidemic proportions in the United States.

(5)

In 2004, an estimated 9,900,000 children and adolescents ages 6 through 19 were considered overweight.

(6)

The Department of Health and Human Services estimates that, by 2010, 20 percent of children and youth in the United States will be obese.

(7)

A decline in physical activity has contributed to the unprecedented epidemic of childhood obesity.

(8)

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 two decades.

(9)

Between 1991 and 2003, enrollment of high school students in daily Physical Education classes fell from 41.6 percent to 28.4 percent.

(10)

Among children ages 9 to 13, 61.5 percent do not participate in any organized physical activity during out-of-school hours.

(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)

The Dietary Guidelines for Americans recommend that children engage in at least 60 minutes of physical activity on most, preferably all, days of the week.

(13)

The national standard for physical education frequency is 150 minutes per week in elementary school and 225 minutes per week in middle and high school.

(14)

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.

(15)

Evidence suggests that physical activity may have a positive impact on academic performance, self-concept, and symptoms of anxiety and depression.

(16)

Approximately 81 percent of adults believe daily physical education should be mandatory in schools.

4.

Multiple measures for accountability

For purposes of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, each State accountability system shall not only be based on academic assessments, but shall also be based on additional indicators. Such indicators shall include—

(1)

demonstrated progress toward meeting the national goal for required physical education that is—

(A)

150 minutes per week for all students in elementary schools; and

(B)

225 minutes per week for all students in middle and high schools; and

(2)

attendance rates at required physical education classes.

5.

Report cards

Section 1111(h) of the Elementary and Secondary Education Act of 1965 is amended—

(1)

in paragraph (1)(C)—

(A)

in clause (vii) by striking and at the end;

(B)

in clause (viii) by striking the period at the end and inserting a semicolon;

(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 and high 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, middle and high schools that adheres to national guidelines adopted by the Center for Disease Control and Prevention and State standards;

(xi)

the percentage of elementary 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 at the end;

(B)

in subclause (II) by striking and at the end;

(C)

by adding at the end the following:

(III)

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 and high school;

(IV)

the percentage of elementary and secondary school physical education teachers who are State certified as physical education teachers; and

(V)

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 at the end;

(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 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 and high school;

(IV)

the percentage of elementary and secondary school physical education teachers who are State certified as physical education teachers; and

(V)

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.

.

6.

Promoting physical education and activity in school programs

(a)

Elementary and Secondary School Counseling Programs

Section 5421(c)(2) of the Elementary and Secondary Education Act of 1965 is amended in subsection (c)(2)—

(1)

in subparagraph (A) by striking counseling and inserting counseling, health,; and

(2)

in subparagraph (E) by inserting healthy, active lifestyles, after relationships,.

(b)

Safe and Drug-Free Schools and Communities

(1)

State application

Section 4113(a) of the Elementary and Secondary Education Act of 1965 is amended—

(A)

in paragraph (18) by striking and at the end;

(B)

by redesignating paragraph (19) as (20); and

(C)

by inserting after paragraph (18) the following:

(19)

describes how activities funded under this part will foster a healthy lifestyle for children including encouraging healthy eating and regular physical activity; and

.

(2)

Authorized activities

Section 4115(b)(1)(C) of that Act is amended—

(A)

in clause (i) by striking and at the end; and

(B)

by adding at the end the following:

(iii)

encourage a healthy lifestyle including healthy eating and regular physical activity; and

.

(c)

Smaller learning communities

Section 5441(b) of the Elementary and Secondary Education Act of 1965 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.

.

(d)

21st Century Community Learning Centers

(1)

Purpose; definitions

Section 4201 of the Elementary and Secondary Education Act of 1965 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) by inserting nutrition education, structured physical activity, after recreation,.

(2)

Local competitive grant program

Section 4204(b)(2) of that Act is amended—

(A)

in subparagraph (M) by striking and at the end;

(B)

by redesignating subparagraph (N) as (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 that Act is amended—

(A)

in paragraph (11) by striking and at the end;

(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.

.

(e)

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 (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 supporting nutritional eating habits in the home and school; and

.

(2)

in subsection (d)—

(A)

in the subsection heading by inserting after Achievement the following: of Active, Healthy Students;

(B)

in the matter preceding paragraph (1) by striking standards. and inserting standards and for ensuring that all children lead healthy, active lives.; and

(C)

in paragraph (1)—

(i)

by inserting after supportive the following: , healthy, ; and

(ii)

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 of the school day.;

(3)

in subsection (e)—

(A)

by redesignating paragraphs (6) through (14) as (7) through (15), respectively; and

(B)

by inserting after paragraph (5) the following:

(6)

shall ensure that parents and teachers have information about the importance of a healthy lifestyle, including nutrition, physical education and physical activity, to an effective learning environment and shall coordinate 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;

.

(f)

Parental Assistance and Location Family Information Centers

(1)

Purposes

Section 5561 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following:

(7)

To provide information and training to parents and educators about the importance of a healthy, active lifestyle and its positive impact on effective learning, and on how to support good eating habits, regular physical activity and other activities that will lead to better performance in school.

.

(2)

Applications

Section 5563(b)(2) of that Act is amended—

(A)

in subparagraph (B) by striking and at the end;

(B)

in subparagraph (C) by adding and at the end; and

(C)

by adding at the end the following:

(D)

representatives of health professionals and physical education professionals with expertise on improving the health and physical activity rates of children;

.

(3)

Uses of funds

Section 5564(a) of that Act is amended by adding at the end the following:

(7)

To help parents understand the importance of a healthy, active lifestyle and its positive impact on effective learning, and on how to support good eating habits, regular physical activity and other activities that will lead to better performance in school.

.

(4)

Administrative provisions

Section 5565(b)(1) of that Act is amended by adding at the end the following:

(F)

The strategies used to help parents understand the importance of a healthy, active lifestyle and its positive impact on effective learning, and on how to support good eating habits, regular physical activity and other activities that will lead to better performance in school.

.

(g)

Healthy High-Performing Schools

Section 5583(a) of the Elementary and Secondary Education Act of 1965 is amended—

(1)

in paragraph (2) by striking and at the end;

(2)

in paragraph (3) by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(4)

support healthy, active lifestyles for children including adequate space and facilities for supervised, structured physical activity and physical education.

.

7.

Professional development for teachers and principals

(a)

State applications

Section 2112(b) of the Elementary and Secondary Education Act of 1965 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 that Act 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 that Act is amended—

(1)

in subparagraph (C) by striking and at the end;

(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 that Act is amended—

(1)

in subparagraph (A)—

(A)

in clause (i) by striking and at the end; 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 at the end;

(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 in how to teach physical education and health education that results in the ability of students to learn more effectively.

.

8.

Study and pilot program

Title V of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following:

22

Study and Pilot Program

5621.

Study and pilot program

(a)

National academy of sciences panel and study

Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a contract with the National Research Council of the National Academy of Sciences to—

(1)

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—

(i)

nutritional knowledge and awareness;

(ii)

cognitive development and fitness improvement in physical education;

(iii)

knowledge of lifetime physical activity and health promotion;

(iv)

decrease in obesity; and

(v)

improvement in overall health indicators; and

(B)

effectively measuring the progress of students, at the school level in increasing physical activity;

(2)

study the impact of health, level of physical activity, and amount of physical education on students’ ability to learn effectively and maximize performance in school;

(3)

study the amount of time children spend in moderate-to-vigorous physical activity during physical education classes;

(4)

study and provide specific recommendations for the impact of parents on the health and level of physical activity on children and how schools can effectively engage parents in a partnership to improve the health and physical activity of all students;

(5)

study and provide specific recommendations for innovate and effective ways to improve the health of children, reduce child obesity and increase physical activity of all students;

(6)

study the changes to the school environment needed to improve health and participation in physical activity;

(7)

study the effectiveness and impact of local school wellness councils;

(8)

study the effectiveness and impact of physical fitness testing;

(9)

study the impact of regular physical activity on brain development and cognitive ability in children; and

(10)

consider further research recommendations regarding youth that will be incorporated into the Physical Activity Guidelines for Americans (2008).

(b)

Members of the panel

The members of the panel shall include—

(1)

experts in child health and nutrition;

(2)

experts in education;

(3)

experts in physical education; and

(4)

representatives of academia, relevant government agencies and local schools.

(c)

Report

The panel shall issue a report no later than 18 months after the contract in subsection (a) has been agreed to that makes specific recommendations on addressing the goals in paragraphs (1) through (3) of subsection (a).

(d)

Authorization of appropriations

There are authorized to be appropriated for fiscal year 2008 such sums as may be necessary to carry out this section.

.

9.

Grant program

Title V of the Elementary and Secondary Education Act of 1965 is further amended by adding at the end the following:

23

Physical Activity and Physical Education

5631.

Physical activity and physical education assessment incentive grants

(a)

Purpose

The purpose of this subpart is to award grants to develop, pilot, and implement high-quality, valid, and reliable assessments that measure cognitive development in physical education and physical activity skills, motor skills development, and how much students value physical activity for health, enjoyment, challenge, self-expression and social interaction as part of a comprehensive plan to improve the physical, academic, social, and mental health of children and youth.

(b)

Program authorized

The Secretary is authorized to award grants to States or partnerships of States to develop, pilot, and implement high-quality, valid and reliable assessments that measure cognitive development in physical education and physical activity skills, motor skills development, and how much students value physical activity for health, enjoyment, challenge, self-expression, and social interaction.

(c)

Eligibility and application requirements

(1)

Eligibility

In order to be eligible to receive an award under this subpart, an applicant shall—

(A)

be a State or partnership of States;

(B)

have a comprehensive plan for addressing the physical education, physical activity, and health needs of the children and youth attending schools in the State or States that includes—

(i)

a plan for reaching the national goal of 150 minutes of required physical education for elementary school students and 225 minutes of required physical education for secondary school students over time;

(ii)

support for the ongoing implementation of local school wellness plans as required in the Child Nutrition and WIC Reauthorization Act of 2004;

(iii)

a plan for reaching the national goal of 30 minutes of physical activity in school each day for every child;

(iv)

a public and parent engagement and education plan on the benefits of physical education, physical activity and healthy life skills; and

(v)

a plan for increasing the availability of high-quality professional development for teachers of physical education and health education that is directly related to their field.

(2)

Application requirements

In order to receive an award under this subpart, an eligible applicant shall submit an application to the Secretary at such time, and containing such information as the Secretary may require. The application shall include each of the following:

(A)

A description of the proposed project, including a plan for developing, piloting and implementing a high-quality, valid and reliable assessment that measures cognitive development in physical education and physical activity skills, motor skills development, and how much students value physical activity for health, enjoyment, challenge, self-expression, and social interaction.

(B)

A description of how the proposed plan will be coordinated with the plans described in paragraph (1)(B).

(C)

An assurance that the results of the assessment will be disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

(D)

A plan for reporting the results of the assessment annually to the public by State, district, and school, with the results being disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

(E)

A plan for the evaluation of the effectiveness of the assessments implemented and for continuous improvement of the assessments.

(3)

Required uses of funds

A recipient shall use funds under this subpart for—

(A)

developing, piloting, and implementing a high-quality, valid, and reliable assessment that measures cognitive development in physical education and physical activity skills, motor skills development, and how much students value physical activity for health, enjoyment, challenge, self-expression and social interaction;

(B)

coordinating the assessment plan with the other plans described in paragraph (1)(B);

(C)

ongoing evaluation of the assessment; and

(D)

public reporting.

(4)

Report to the secretary

A recipient shall report annually to the Secretary on—

(A)

the progress in developing, piloting, and implementing a high-quality, valid, and reliable assessment that measures cognitive development in physical education and physical activity skills, motor skills development, and how much students value physical activity for health, enjoyment, challenge, self-expression and social interaction;

(B)

the quality of the assessment; and

(C)

the results of the assessment once it is implemented, disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

(d)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each of the following fiscal years.

.