H. B. 4465
(By Delegates Foster, Palumbo,
Webb and Perdue)
[Introduced February 13, 2004
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-2-7a of the code of West Virginia,
1931, as amended, relating to physical education programs in
the public schools; legislative findings; requiring certain
physical education programs for enrolled students; and
limiting enrollment in each physical education course or
class.
Be it enacted by the Legislature of West Virginia:
That §18-2-7a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-7a. Legislative findings; required physical education;
Program in physical fitness.
The Legislature hereby finds that obesity is a problem of
epidemic proportions in this state. There is increasing evidence
that all segments of the population, beginning with children are
becoming more sedentary, more overweight, and more likely to develop health risks and diseases including Type II Diabetes, high
blood cholesterol and high blood pressure. The Legislature further
finds that the promotion of physical activity during the school day
for school children is a first step in combating this growing
epidemic and in changing the attitudes and behavior of the
residents of this state toward health promoting physical activity.
As a result of these findings, the state department of
education shall ensure that each child enrolled in the public
schools of this state actively participates in physical education
classes during the school year to the level of their abilities as
follows:
(1) Kindergarten to and including grade five -- Not less than
thirty minutes of physical education, including physical exercise
and age appropriate physical activities, for not less than three
days a week.
(2) Grade six to and including grade eight -- Not less than
one full period of physical education, including physical exercise
and age appropriate physical activities, each school day of one
semester of the school year.
(3) Grade nine to and including grade twelve -- Not less than
one full course credit of physical education, including physical
exercise and age appropriate physical activities which shall be
required for graduation and the opportunity to enroll in an
elective lifetime physical education course.
Enrollment in physical education classes and activities required by the provisions of this section shall not exceed, and
shall be consistent with, state guidelines for enrollment in all
other subjects and classes.
The state board of education shall prescribe a program within
the existing health and physical education program which
incorporates the testing, awards recognition, fitness events and
incentive programs designed under the auspices of the president's
council on physical fitness and sports and which requires the
participation through grade nine of each student and of each school
in the state in both the challenge program and the state champion
program of the council. The program shall include the modified
test for exceptional students. Each school in the state shall
participate in national physical fitness and sports month in May of
each year and shall make every effort to involve the community it
serves in the related events.
NOTE: The purpose of this bill is to require physical
education programs in the public schools to promote healthy
exercise and increase awareness of the benefits of physical
activities in fighting obesity and related illnesses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.