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A bill to be entitled

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An act relating to physical education; providing a short

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title; amending s. 1003.455, F.S.; requiring physical

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education in grades 6 through 8; providing for waivers

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under certain circumstances; requiring school districts to

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notify parents of the waiver options; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Don Davis Physical

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Education Act."

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     Section 2.  Section 1003.455, Florida Statutes, is amended

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to read:

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     1003.455  Physical education; assessment.--

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     (1)  It is the responsibility of each district school board

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to develop a physical education program that stresses physical

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fitness and encourages healthful, active lifestyles and to

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encourage all students in prekindergarten through grade 12 to

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participate in physical education. Physical education shall

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consist of physical activities of at least a moderate intensity

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level and for a duration sufficient to provide a significant

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health benefit to students, subject to the differing capabilities

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of students. All physical education programs and curricula must

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be reviewed by a certified physical education instructor.

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     (2)  Each district school board shall adopt a written

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physical education policy that details the school district's

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physical education program, the and expected program outcomes,

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the benefits of physical education, and the availability of one-

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on-one counseling concerning the benefits of physical education.

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     (3)  Each district school board shall provide 150 minutes of

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physical education each week for students in kindergarten through

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grade 5 and for students in grade 6 who are enrolled in a school

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that contains one or more elementary grades so that on any day

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during which physical education instruction is conducted there

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are at least 30 consecutive minutes per day. Beginning with the

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2009-2010 school year, the equivalent of one class period per day

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of physical education for one semester of each year is required

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for students enrolled in grades 6 through 8. Students enrolled in

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such instruction shall be reported through the periodic student

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membership surveys, and records of such enrollment shall be

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audited pursuant to s. 1010.305. Such instruction may be provided

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by any instructional personnel as defined in s. 1012.01(2),

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regardless of certification, who are designated by the school

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principal. Each district school board is encouraged to provide

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225 minutes of physical education each week for students in

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grades 6 through 8.

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     (4) The requirement in subsection (3) shall be waived for a

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student who meets one of the following criteria:

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     (a) The student is enrolled or required to enroll in a

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remedial course.

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     (b) The student's parent indicates in writing to the school

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that:

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     1. The parent requests that the student enroll in another

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course from among those courses offered as options by the school

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district; or

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     2. The student is participating in physical activities

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outside the school day which are equal to or in excess of the

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mandated requirement.

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     (5) Each school district shall notify the student's parent

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of the options available under subsection (4) before scheduling

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the student to participate in physical education.

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     Section 3.  This act shall take effect July 1, 2008.