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ENGROSSED
Senate Bill No. 785
(By Senators Plymale, Edgell, Dempsey, Hunter, Oliverio, White,
Boley and Sprouse)
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[Originating in the Committee on Education;
reported February 24, 2006.]
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A BILL to amend and reenact §18-2-7a of the Code of West Virginia,
1931, as amended, relating to requirements for physical
education in public schools; grouping requirements by
programmatic rather than grade levels; and requiring state
board rule on collection, use and reporting body mass index
data.
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.
(a) 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 crucial step in combating this growing
epidemic and in changing the attitudes and behavior of the
residents of this state toward health promoting physical activity.
(b) As a result of these findings, the State Department of
Education shall establish the requirement 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
his or her ability as follows:
(1) Kindergarten to and including grade five Elementary school
grades. -- 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 Middle school
grades. -- 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 High school
grades. -- 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.
(c) 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: Provided, That schools which do not
currently have the number of certified physical education teachers,
or do not currently have the required physical setting or would
have to significantly alter academic offerings to meet the physical
education requirements may develop alternate programs that will
enable current staff, and physical settings and offerings to be
used to meet the physical education requirements established
herein. These alternate programs shall be submitted to the State
Department of Education and the Healthy Lifestyle Council for
approval. Those schools needing to develop alternate programs
shall not be required to implement this program until the school
year commencing two thousand six.
(d) The state board shall prescribe a program within the
existing health and physical education program which incorporates
fitness testing, reporting, recognition, fitness events and
incentive programs which requires the participation in grades four
through eight and the required high school course. The program
shall be selected from nationally accepted fitness testing programs
designed for school-aged children that test cardiovascular fitness, muscular strength and endurance, flexibility and body composition:
Provided, That nothing in this subsection shall be construed to
prohibit the use of programs designed under the auspices of the
President's Council on Physical Fitness and Sports. The program
shall include modified tests 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.
(e) Body mass index measures shall be used as an indicator of
progress toward promoting healthy lifestyles among school-aged
children. The body mass index measures shall be determined using
student height and weight data and reported to the State Department
of Education via the West Virginia Education Information System.
Body mass index measures shall be included in kindergarten
screening procedures. Students in grades four through eight and
students enrolled in high school physical education courses shall
have their body mass index measured through required fitness
testing procedures. All school personnel responsible for
conducting and reporting body mass index measures shall receive
training or written documentation on the appropriate methodology
for assessing the body mass index and reporting data in a manner
that protects student confidentiality. All body mass index data
shall be reported in aggregate to the Governor, the State Board of
Education, the Healthy Lifestyles Coalition and the Legislative Oversight Commission on Health and Human Resource Accountability.
The state board shall promulgate a rule in accordance with the
provisions article three-b, chapter twenty-nine-a of this code that
includes at least the following provisions to provide for the
collection, reporting and use of body mass index data in the public
schools:
(1) The data shall be collected using the appropriate
methodology for assessing the body mass index from student height
and weight data;
(2) The data shall be collected on a scientifically drawn
sample of students;
(3) The data shall be collected and reported in a manner that
protects student confidentiality;
(4) The data shall be reported to the Department of Education;
and
(5) All body mass index data shall be reported in aggregate to
the Governor, the State Board of Education, the Healthy Lifestyles
Coalition and the Legislative Oversight Commission on Health and
Human Resources Accountability for use as an indicator of progress
toward promoting healthy lifestyles among school-aged children.