| 1 | A bill to be entitled |
| 2 | An act relating to physical education; providing a short |
| 3 | title; amending s. 1003.455, F.S.; requiring physical |
| 4 | education in grades 6 through 8; providing for waivers |
| 5 | under certain circumstances; requiring school districts to |
| 6 | notify parents of the waiver options; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. This act may be cited as the "Don Davis |
| 12 | Physical Education Act." |
| 13 | Section 2. Section 1003.455, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 1003.455 Physical education; assessment.-- |
| 16 | (1) It is the responsibility of each district school board |
| 17 | to develop a physical education program that stresses physical |
| 18 | fitness and encourages healthful, active lifestyles and to |
| 19 | encourage all students in prekindergarten through grade 12 to |
| 20 | participate in physical education. Physical education shall |
| 21 | consist of physical activities of at least a moderate intensity |
| 22 | level and for a duration sufficient to provide a significant |
| 23 | health benefit to students, subject to the differing |
| 24 | capabilities of students. All physical education programs and |
| 25 | curricula must be reviewed by a certified physical education |
| 26 | instructor. |
| 27 | (2) Each district school board shall adopt a written |
| 28 | physical education policy that details the school district's |
| 29 | physical education program, the and expected program outcomes, |
| 30 | the benefits of physical education, and the availability of one- |
| 31 | on-one counseling concerning the benefits of physical education. |
| 32 | (3) Each district school board shall provide 150 minutes |
| 33 | of physical education each week for students in kindergarten |
| 34 | through grade 5 and for students in grade 6 who are enrolled in |
| 35 | a school that contains one or more elementary grades so that on |
| 36 | any day during which physical education instruction is conducted |
| 37 | there are at least 30 consecutive minutes per day. Beginning |
| 38 | with the 2009-2010 school year, the equivalent of one class |
| 39 | period per day of physical education for one semester of each |
| 40 | year is required for students enrolled in grades 6 through 8. |
| 41 | Students enrolled in such instruction shall be reported through |
| 42 | the periodic student membership surveys, and records of such |
| 43 | enrollment shall be audited pursuant to s. 1010.305. Such |
| 44 | instruction may be provided by any instructional personnel as |
| 45 | defined in s. 1012.01(2), regardless of certification, who are |
| 46 | designated by the school principal. Each district school board |
| 47 | is encouraged to provide 225 minutes of physical education each |
| 48 | week for students in grades 6 through 8. |
| 49 | (4) The requirement in subsection (3) shall be waived for |
| 50 | a student who meets one of the following criteria: |
| 51 | (a) The student is enrolled or required to enroll in a |
| 52 | remedial course. |
| 53 | (b) The student's parent indicates in writing to the |
| 54 | school that: |
| 55 | 1. The parent requests that the student enroll in another |
| 56 | course from among those courses offered as options by the school |
| 57 | district; or |
| 58 | 2. The student is participating in physical activities |
| 59 | outside the school day which are equal to or in excess of the |
| 60 | mandated requirement. |
| 61 | (5) Each school district shall notify the student's parent |
| 62 | of the options available under subsection (4) before scheduling |
| 63 | the student to participate in physical education. |
| 64 | Section 3. This act shall take effect July 1, 2008. |