Florida Senate - 2010                                     SB 772
       
       
       
       By Senator Constantine
       
       
       
       
       22-00222-10                                            2010772__
    1                        A bill to be entitled                      
    2         An act relating to physical education; amending s.
    3         1003.455, F.S.; clarifying provisions requiring that a
    4         school district notify a student’s parent regarding
    5         certain options available to the student as an
    6         alternative to participation in physical education;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 1003.455, Florida Statutes, is amended
   12  to read:
   13         1003.455 Physical education; assessment.—
   14         (1) It is the responsibility of each district school board
   15  to develop a physical education program that stresses physical
   16  fitness and encourages healthful, active lifestyles and to
   17  encourage all students in prekindergarten through grade 12 to
   18  participate in physical education. Physical education shall
   19  consist of physical activities of at least a moderate intensity
   20  level and for a duration sufficient to provide a significant
   21  health benefit to students, subject to the differing
   22  capabilities of students. All physical education programs and
   23  curricula must be reviewed by a certified physical education
   24  instructor.
   25         (2) Each district school board shall adopt a written
   26  physical education policy that details the school district’s
   27  physical education program, the expected program outcomes, the
   28  benefits of physical education, and the availability of one-on
   29  one counseling concerning the benefits of physical education.
   30         (3) Each district school board shall provide 150 minutes of
   31  physical education each week for students in kindergarten
   32  through grade 5 and for students in grade 6 who are enrolled in
   33  a school that contains one or more elementary grades so that on
   34  any day during which physical education instruction is conducted
   35  there are at least 30 consecutive minutes per day. Beginning
   36  with the 2009-2010 school year, the equivalent of one class
   37  period per day of physical education for one semester of each
   38  year is required for students enrolled in grades 6 through 8.
   39  Students enrolled in such instruction shall be reported through
   40  the periodic student membership surveys, and records of such
   41  enrollment shall be audited pursuant to s. 1010.305. Such
   42  instruction may be provided by any instructional personnel as
   43  defined in s. 1012.01(2), regardless of certification, who are
   44  designated by the school principal.
   45         (4) The requirement in subsection (3) shall be waived for a
   46  student who meets one of the following criteria:
   47         (a) The student is enrolled or required to enroll in a
   48  remedial course.
   49         (b) The student’s parent indicates in writing to the school
   50  that:
   51         1. The parent requests that the student enroll in another
   52  course from among those courses offered as options by the school
   53  district; or
   54         2. The student is participating in physical activities
   55  outside the school day which are equal to or in excess of the
   56  mandated requirement.
   57         (5) Each school district shall notify the student’s parent
   58  of the options available under subsection (4) a sufficient time
   59  in advance before scheduling the student to participate in
   60  physical education.
   61         Section 2. This act shall take effect July 1, 2010.