1

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

9

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

10

11

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

12

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 capabilities

24

of students. All physical education programs and curricula must

25

be reviewed by a certified physical education instructor.

26

     (2)  Each district school board shall adopt a written

27

physical education policy that details the school district's

28

physical education program, the and expected program outcomes,

29

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

30

on-one counseling concerning the benefits of physical education.

31

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

32

physical education each week for students in kindergarten through

33

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

34

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

35

during which physical education instruction is conducted there

36

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

37

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

38

of physical education for one semester of each year is required

39

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

40

such instruction shall be reported through the periodic student

41

membership surveys, and records of such enrollment shall be

42

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

43

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

44

regardless of certification, who are designated by the school

45

principal. Each district school board is encouraged to provide

46

225 minutes of physical education each week for students in

47

grades 6 through 8.

48

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

49

student who meets one of the following criteria:

50

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

51

remedial course.

52

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

53

that:

54

     1. The parent requests that the student enroll in another

55

course from among those courses offered as options by the school

56

district; or

57

     2. The student is participating in physical activities

58

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

59

mandated requirement.

60

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

61

of the options available under subsection (4) before scheduling

62

the student to participate in physical education.

63

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